On The Practice And Enlightment Of The Rural Land Contract Management Right Trust In China

The land is the lifeline of a country. In different historical periods, radical or conservative land policies play critical role in the national economy. Land equal distribution system will inevitably lead to low efficiency, while land free transference usually results in excessive land annexation. At present in China adopting conservative land policies, exploration on land use and operation system has been moving forward step by step without any pause. In China where the agriculture is dominated by small-scale peasant economy, the land utilization is low, the agricultural industrial structure is behindhand, the lands discontinuing farming are excessive, farmers’ incomes are low and the rural residents’living standards need improving. In China, the agriculture must take the approach of modern and large-scale development and speed up the pace of marketization and innovation of operation mode. Trust is a concept borrowed from foreign country and has long been being used in financial field in China. The rural land contract management right trust is a new approach used to transfer lands in the process of agricultural modernization. Trusteeship’s function of property transfer, independent of the trust property, trustee’s rights of enjoying greater freedom management, whether trust’s characteristics such as long-term and stability can effectively promote China’s land and intensive scale use, all of which are worthy of study and practice. Zhejiang Shaoxing in2002took the lead in carrying out the right to the contracted management of land trust, in recent years, Hunan Yiyang also has the right to land contractual management trust and reaches a considerable scale, which is the most representative models in contracting management right of land trust, at the same time, COFCO trust company solves financial difficulties for agricultural operators through the land trust. My paper researches the practice and enlightenment of the three typical trust models of the right to land contractual management that mentioned above.This thesis consists of four chapters:The first part discusses the development course of China’s rural land contracted management right trust, as well as analyzes its origin, development and current situation. Zhejiang Shaoxing practices trust to the right of land contractual management for the first time in our country; then, Hunan Yiyang, Fujian Shaxian County also practice scale operation on lands through the right to the contracted management of trust, which has become the most influential model of the right of land management circulation; the right to land contractual management trust project that developed in cooperation by COFCO Trust Company Limited and Longjiang Development Bank is designed for solving problem of the right to land contractual management can not be mortgaged.The second part investigates typical trust modes of the right to land contractual management in China, and explains basic content and operation mechanism of Zhejiang Shaoxing mode, Yiyang mode and Hunan COFCO trust mode in detail. In order to promote the transfer of land, Zhejiang Shaoxing has carried on the exploration to the land transfer mode, the right to land contractual management trust is their choice of innovation mode; With a comparison, Hunan Yiyang mode carried out later than Shaoxing mode, so its specific design of trust management right of land is more consistent with the inherent requirements of the trust system by learning from others’ experience and lessons; COFCO Trust mode is a product that developed in cooperation by COFCO Trust Co. Ltd. and Longjiang banks, using the characteristics and advantages of trust system to solve the financing difficulties of professional cooperatives.The third part objectively evaluates the practice of the three typical trust modes of the right to land contractual management, which is from different main body angle of the farmers, village collective, big business, government, scholars, etc. and two aspects of advantages and problems. Analyze the trust value of the right to land contractual management that reflected in the land management in China, and exploring the practice of the right to land contractual management trust and the problems that existed in system designing.The fourth part researches the enlightenment of rural land contractual management right trust, mainly including:the government support plays a key role in the development of the right to land contractual management trust at this stage; ought to establish the supervision mechanism of the right to the land contracted management trust; the right to land contractual management trust should conform with the characteristics and the basic requirements of the trust system; improve the relevant laws and regulations, provide law support for the right to the contracted management of land trust; establish relief channels of the parties of the right to land contractual management trust.