Research On Land Contract And Management Rights Trust Legal System

With the development of market economy in our country, the existing land contract and management system had made great achievements, which solve the problem of food and clothing of farmers, to realize the peasants’ income, promote the modern agriculture, speed up the development of rural economy, but it has brought some problems:a home business model of the farmers has not adapted to the requirement of modern agriculture development, and the development of urbanization makes farmers pastureland problem more and more serious. Under the constant in the land contract and management system, the right of the land contract and management circulation can yet be regarded as an effective solution to this problem, but from practical point of view, at present the right of the contract and management circulation ways in our country rural existence have little effect on solving this problem, so the exploring to establish a kind of solving the problem of the new flow pattern is particularly urgent. The land contract and management rights trust as a new kind of the right of the contract and management circulation mode, has great superiority:it is conducive to curb farmer pastureland, to realize the scale operation and intensive management of rural land, to solve part of the rural surplus labor force, to increase farmers’ income. So it is necessary to delve into the legal system.This paper is divided into five parts:The first part is the land contract and management rights trust legal definition. This paper introduces the concept and characteristics of trust, on the basis of this, to definite the connotation of the contract and management rights trust, and to analyses the properties.The second part analyses of the circulation mode to the land contract and management rights, points out their shortcomings respectively, and then introduce the superiority of the land contract and management rights trust.The third part is the practice analysis of the land contract and management rights trust in China. The article simply introduces the development course of the land contract and management rights trust system in our country, several patterns at present carried on the summary, and points out the problems existing in practice.The forth part is the reference of the foreign land trust systems. Respectively introduced the United States and Japan, the two developed countries of the land trust system, and summarizes the reference in practice in our country from several aspects.The fifth part is several theoretical analysis to perfect our legal system of the land contract and management rights trust, which is the main part of the article. It includes regulating object analysis, namely the legal relationship analysis, especially the analysis of the main body, the land contract and management rights trust mechanism analysis, the analysis of income distribution mechanism, the responsibility allocation mechanism analysis and the financing institutional analysis.