The Study On The Trust Law System Of Usufructuary Of Management Of Rural Land

Agriculture is the foundation of national economy, and fundamentally, the core of agriculture is the problem of land system in rural area. However, up till now, the current small-scale production model and the circulation of rural land are far from the needs of the development of national agriculture and rural economy.Nowadays, Usufructuary of Management of Rural Land has been included in 'Trust Law', in view of this, as the trust property, Usufructuary of Management of Rural Land is considered to be the main research object in this thesis, and what's more, this thesis also focus on the specific system and correlative law problems when these two combined together. Based on this, such Trust System has been look forward to advance with times and do some contribution for agriculture,farmer and rural area.The whole thesis is divided into eight parts, summarized as follows:Part 1:Introduction. Overall review the background, purpose of research, significance, innovation points, reference and the problems.Part 2:Brief introduction of Usufructuary of Management of Rural Land. First introduce circulation of rural land use rights system and trust system, based on these, to summarize the main characteristic of such trust law system. Then discuss about the necessity and feasibility of the trust of Usufructuary of Management of Rural Land.Part 3:Establishment of Trusting Relationship. The establishment of trusting relationship between client and trustee is the premise of the set up of trust. And trust is just the foundation of such relationship. However, because of it's highly abstractness, trust contract is used to materialize the relationship.Part 4:Subject of such trust law relationship together with its rights and duties. According to mainstream academic point of view, subject of such trust law relationship including:client,trustee and beneficiary. As to these three subjects, client enjoy the rights such as change the management of trust property, superintendence, and also have the obligation such as transfer either trust property or punishment to trustee; Trustee enjoy such rights like the management of trust property, be careful and faithful is the necessary obligation they have to obey; As to beneficiary, trust interest payment claim is the main right they can enjoy, and bear no legal obligation.Part 5:Right Transformation of the Trust Property. For Usufructuary of Management of Rural Land as the trust property transfer model, China's legislature adopted a formalism property right transfer model, trust will effect after property registration.Part 6:Management of the Trust Property. As to the whole trust property, management of such property is the core concepts. Principally, trustee's management right can divide into two types:one is explicitly given by the terms of trust; the other is all correlative aspects that are necessary for the completion of trust affair. And their specific management requirements are ordered to follow the prudent investor rule, mainly including care,skill and caution.Part 7:Risk and Prevention of the Trust. Inevitably, such trust exist risks both inside and outside. As to such phenomenon, internal default called to deal with these problems. Yet for the consummation of regulatory system need to begin from the establishment of an open information system and the arrangement of a supervisor.Part 8:Conclusion. Summarize all chapters and conclude core argumentation of the whole article.