A Study On The Legal System Of Trust Distribution In Rural Land Contractual Management Rights In China

Current promote urbanization process, the development of agriculture and rural environment has undergone tremendous changes. Rapid flow of rural to urban, industrial revolution and technological revolution gave birth to the rise and so is the transformation of agriculture and rural development of China into a new driving force. But these are making the original land contract and management system in the creation of favorable conditions for China’s agricultural income and rural economic development, but also highlights the increasingly unable to adapt its industrial-scale modern agricultural production patterns, urbanization can not be resolved the development of a large number of idle rural land, agricultural land abandonment is serious, farmer financing cash flow difficulties and failures and other problems. On this basis, despite the land contract management rights transfer played an important role, but the actual effect, failed to solve the outstanding problems that currently exist fundamentally. Therefore, actively explore and try new land transfer mode it is particularly urgent. Respect and Land Trust circulation as a response innovative circulation modes of economic development in the new normal background, in promoting optimal adjustment of agricultural production structure, to maintain the greatest degree of interest in the land of farmers, to protect farmers ’income,effectively solve the farmers’ financial problems played other circulation mode unparalleled advantage. However, although the Land Trust circulation patterns generally carried out in the country, there is still no specific law to guide and regulate them, the actual flow of the circulation of each body define eligibility for confusion, rights and obligations are not very clear. Therefore, it is necessary that the legal system in depth,clearly define the scope and eligibility circulation subject of rights and obligations at the same time, through the construction of the legal and institutional aspects of the measures and the corresponding support mechanisms, regulate the circulation order of the Land Trust,so that circulation Method to the greatest degree of play to their strengths.This paper is divided into five parts.The first part of the introduction, from the current practice in China, this paper proposes study of agricultural land contract and management rights transfer way trust practical significance and urgency. And the current status of academic research on the land transfer system, the research ideas and research methods reviewed.The second part expounds the contracted management of land in solving the current our country rural land trust circulation the significance of the principal contradiction,through the comparative analysis with other flow way demonstrates the superiority of land trust transfer system; Arguments in our country to realize the trust transfer of agricultural land contracted management is the necessary choice. Followed by the land trust legal effectiveness analysis, through the analysis of the policy and legal basis of its legitimacy,explore the nationwide promotion of the feasibility of this transfer. In solving the legitimacy of the rural land trust circulation and compliance this basic problem, land approval flow problem is trust precondition to realize the value of the system. The current national policy has provided land approval enforced property rights protection, but the implementation of specific work to the pilot in the countryside land approval, there are still many practical problems to be solved. This part sorted out on these issues, and put forward practical Suggestions for your consideration.Since the rural land contract and management rights in trust can be circulation, then the third part will use a method of solving the legal relationship between subject analysis of its circulation and the body who is the subject of exactly what the rights and obligations of the problem. Its main obligations in the legitimacy of the transfer of the rights of the trust after a clear definition, the fourth part will improve legal protection through legislation and the establishment of an effective regulatory regime and the appropriate supporting systems so that the trust transfer play to their maximum effectiveness. The fifth part is the conclusion of the article. Each part was taken to ask questions, analyze problems and solve problems and steps to conclude by the current practice in the trust model to analyze the problem summary, reference system in Japan, the United States and other countries, and propose specific measures to solve the problem.