Applied Research About The Legal System Of Trust In The Reconstruction Of Village In The City

After years of exploration and practice, the reconstruction of Village in China forms three main patterns. Although three models play an indelible role in promoting the reconstruction of village, but they do not solve the key issue in the reconstruction of village-the distribution of benefits of the parties involved. There is in the process of reconstruction of village with disorderly interests of the game. Although the reasons about conflict of interest are many, but the most important reason is that the main parties involved in the reconstruction of villages are multiple identities. And different interest demands make the rights and obligations under the different identities competed. These result in avoiding disadvantage instinctive behavior in the parties involved. In this regard, the Trust will be introduced in the reconstruction of Village in order to build up clear rationalization of the rights and obligations of the parties, to reach a relatively balanced rights structure and to eliminate the phenomenon of the unreasonable interests of the game. The Trust in reconstruction of village can be designed to two trusts. The villagers are trustees of the first trust and the clients of the secondary trust, and the village collective is the trustee of the secondary trust, the beneficiary remains villagers. The purposes of the trust maximize the legitimate interests of the villagers, and the trust property is the use rights of land by the collective owned and legal buildings on the ground. The Trust about reconstruction of village not only relies on the trust system to enhance the trusts among the parties, but also to strengthen the trust supervised according to clearing the internal rights and obligations. In this framework, improving the trust supporting systems will conducive the development of the Trust in the reconstruction of village in the city.