The Research On Rural Land Trust System In China

Since ancient times, land is the root of the farmers’ living, but along with our country economic structure adjustment and the acceleration of urbanization, on the one hand, land contradiction is more and more prominent, the land use efficiency is low, and even some land is shelved languish, causing a great waste of land resources;"Three rural" development, on the other hand, not harmonious, polarized in cities and towns, rural old-age security system deficiencies and other issues are also increasingly remarkable. Around to solve this problem, actively promote the land circulation, to prevent land languish, people apart. At the same time, and actively improve the land scale, land use efficiency, emerged in shaoxing, green hills, such as excellent model. Therefore, to explore the practice, on the basis of establishing our country’s land trust system has positive practical significance.However, in practice all over the country appeared a lot of shortcomings. First of all, did not establish perfect land trust system in our country, the current for the adjustment of the land trust behavior rely mainly on "general principles of the civil law","land administration law, the trust law and a series of laws and regulations, and therefore tend to not harmonious, the law between the existence of regulation holes at the same time, so in practice, some people out to the edge, damage the interests of the principal and the farmland of the trust property have occurred; Second, the low efficiency of rural land circulation in China, the transfer formalities are too simple, is not conducive to the development of the system of rural land trust and rights protection; Again, in the process of circulation, the lack of an effective regulatory agencies and regulatory procedures, for the current regulation of land trust, often in accordance with the provisions of the trust itself with great randomness and dangerous.To establish and improve the system of rural land trust in our country, should be starting from the main body and object of farmland trust system, on the one hand, clear the rights and obligations of the trustor and the trustee, the trustor shall have the right to a larger space, and the corresponding obligation, trustee’s rights have been restrictions, but the independent operation and management rights. Of farmland, on the other hand, the object of trust shall conduct strict limits, namely the object of rural land trust is right to the contracted management of land.Finally, in order to guarantee the effective operation of rural land trust system in China, should not only from the trust property registration, trust, trust, trust operator’s qualification regulation, should also be things afterwards regulation for trust behavior. Especially for land property respectively, the trust in the name of the collective or individual name, implement different supervision and establishing agricultural credit rating system, an operator is to build and perfect the system of rural land trust in our country’s flash.