Research On China's Legal System Of Rural Land Trust

In recent years, countryside in China has witnessed more and larger scale of rural land trust practice, which made a significant contribution to China's rural economy. However, our theory on the study of rural land trust is almost blank currently. The purpose of this paper is to discuss the Rural Land Trust's legal basis, and seek ways of establishing a specific system of Rural Land Trust suitable for China's conditions by referring to the existing legal framework.The paper encompasses three parts, e.g. introduction, body and conclusion, of which the body is sub-divided into four parts.The introduction lays out the main issues to be addressed in the assay by looking into the practice of China's Rural Land Trust.The first part is mainly an overview of the Rural Land Trust, illustrating the legal basis of land trust system, its concepts as well as its types, on the basis of which the concept, character and significance are subjected to analyses, The significance of rural land trust is demonstrated in three aspects: to make up for the shortcomings of rural land protection mechanisms and promote the orderly transfer of land ownership, to achieve the scale of operations and protect the rights of farmers, and to set up a social credit system.The second part shows the elements, operation mode and feasibility of the rural land trust. Based on the concept of Rural Land Trust, it includes the principal, the trustee and the trust property whose internal relations are identified as rights and obligations. This section sums up the operating mode of Land Trust trough practices from all over the country, and demonstrates the feasibility from the aspects of the wealth of the practice, the active policy support and the legal experience learned from other countries.The third part aims to present the implications of leaning of theory and practice from abroad category after category.The fourth part is targeted to establish the system of the Rural Land Trust. Starting with the analysis of the existing shortcomings of rural land protection policies, it proceeds with the construction of specific system which is analyzed from two spheres, namely a risk prevention mechanism and other systems to secure the operation of the trust. The risks of Rural Land Trust are the principal one and a market one. The paper hopes to build an information publicity system and the credit review system to effectively prevent the risks of Rural Land Trust. Nevertheless, it is definite that the operation of rural land trust must also rely on the improvement of legal relief, competition and incentive mechanism and the making of institutional rules on the changes and termination of contracts and provisions.In the conclusion part, it is proposed that a special legislation should be introduced mainly due to China's requirement of legal practice and practical needs.