Rural Land Trust And The Legal System

With the in-depth market economy and the continual development ofrural economy, the small-scale peasant-household management in theform of the family united contract in our country doesn't adapt to thedeveloping need of the large-scale agriculture of modernization, industrialization and specialization. So, the transference of the right of thecontracted land operation comes into being to comply with the tendencyof the development of the modern agriculture. While they are seeking anew mode of the contracted land transference, the peasants in thedeveloped economy area led the trust system into the transference of therural contracted land. Therefore, the rural land trust comes into being inour country.The rural land trust is a transferring mode of the right to use of land, in which the right to use of the rural contracted land is transformed intothe trust property. The legal constitution includes "Three Certainties" and"Two" important conditions specially designated: the intention to acquirethe ceiling profit of land, trust estate being the right to use of the ruralcontracted land, settlers usually ascertaining themselves as beneficiaries, the limit of the trust restrained by the period of the contracted land andtrust supervisor created for protecting the trust benefit. The contract of therural land trust is the important party of the legal system of the rural land trust, and the contract consists of the special conditions of trust creation, items' changes and the situations of termination, the registration of thetrust estate, the rights and obligations of the trust parties and supervisor.The legal system of the rural land trust is established and perfected byanalyzing the legal constitution and contract of the rural land trust.During the period of the rural land trust, the real transference of the rightto use of the rural contracted land, the enlarged range of the trustees, theexact tax of the land trust, the flexibility of the designed land use andexplicating responsibility of the local governments and its department incharge can contribute to the establishment and perfect of the legal systemof the rural land trust.