Study On Legal Issues Of Trust Distribution In Land Contractual Management Rights

Along with our country entering the critical period of deepening reform, the two dualistic structure in urban and rural areas system has increasingly become an obstacle to the development of the reform. So narrowing the disparity between countryside and city to earlily achieve the integration of urban and rural areas, we need to solve the land problem in the rural areas. It concerns the interests of hundreds of millions of farmers and the overall situation. China’s rural land according to the purposes can be divided into agricultural land、 construction land and unused land. Because of China’s laws and regulations prohibited the circulation of rural construction land, so we only discuss the problem of the circulation of agricultural land, it’s the circulation of right to the contracted management of land. As the core of the land problem of the realization of the right to the contracted management of land circulation and the orderly development of moderate scale of agricultural operation mode has been paid more and more attention by the party and the country. So the trust system of land contracting right of management as a new way of land transference to realize the agricultural intensification and modernization. It has been the concern of the theory and the practice. Compared with the current laws and regulations of the land transfer mode, the right to the contracted management of land trust has unique functional advantages and unique system value as an innovative way of land transference. The right to land contractual management trust is a system of the combination of the circulation of land contractual management right and the trust system. It can be based on the current rural collective land ownership、the family contracted land system, through the use of the trust financial instruments putting the city Industrial and commercial capital into the rural land circulation market, fully and effectively managementing of land resources to promote agricultural efficiency and farmers’ income, and to realize the integration of urban and rural development.In addition to as a new way of land transference, the right to land contractual management trust is a kind of propetty trust of regarding within a certain period of time the land right of management as the trust property. Its specific meaning is a new method of land transfer, the farmers and agent as the client on the basis of the stability of the land contract right and the land use, signed a trust agreement with the trustee such as trust companies and other financial institutions to achieve the purpose of more land revenue, after the transfer of trust, the trustee directly use land or agricultural enterprises use land, but farmers enjoy the benefits. In order to make the right to the contracted management of land trust system to better promote the China characteristic model of agricultural modernization development, it is necessary to study the current problems and risks of the land trust transfer project to improve the trust system of land contracting right of management. In this paper, a comparative analysis on the Anhui Suzhou "1301 trust scheme" and Jiangsu Wuxi "Taoyuan Village trust scheme" can come to these conclusions, they are the lack of laws and regulations related to trust and land transfer、land management right trust market and related service monitoring platform imperfect、the lack of systematic financing way and the lack of adequate social security and risk prevention system and so on. In view of the existing problems, and learn from foreign experience of land trust, this paper puts forward some suggestions about the orderly transfer of land management right in China and large scale management of agriculture. These suggestions include to develop the trust of right of land management regulations and the detailed rules for the implementation of measures as the trust land transfer project at present the guidance, to speed up the registration and certification work of land management rights to protect the rights and interests of farmers, the sound of our right to the contracted management of land trust mechanism, to build a fair competition in the land market and the system of trust financing channels, and perfect rural social security and risk prevention mechanism and so on.