Research On The Circulation Of Rural Land—From Trust Law Perspective

The issue of rural land circulation is vital to our country, which is related to the quality of agricultural development and food security. In recent years when a large number of migrant farmers have appeared, especially under the background of rapidly increasing urbanization in our country, which lead to that a growing gap between urban and rural areas, low rural land management efficiency and the phenomenon of pastureland. It declared that the traditional way of land circulation has been difficult to adapt to large-scale, intensive agricultural production requirements. Then, the way of the land circulation innovation become an inevitable choice.In China, many areas launched a spontaneous exploration of rural land trust, whether the function of the trust system including property transferring, property independence, long-term stability and other characteristics can effectively promote intensive and large-scale use of our land or not is worth further discussion and research.This paper focused on the improvement goals, the legal elements of rural land trusts and the pros and cons of practice in China. Then the author would give his own rational proposals. It is organized as follows:Section1briefly described four aspects of rural land including the big background of, literature review, research ideas and methods, Innovation and deficiency;Section2argued the ways of land transfer’s advantages and disadvantages, and proposed land contract and management rights transfer target, and thus leads to a trust of land transfer mode;Section3provided the origin of the trust system, the unique characteristics of rural land trust legal connotation and rural land trust, the trustor, trustee, beneficiary rights and obligations as well as the independence of rural land property trusts in a bid to demonstrate the trust system and rural land feasibility of combination;Section4discussed horizontal comparison of research methods to the development of rural land trusts in the United States and Japan for the study, and summarized the two strong representation of the unique advantages in the two countries, from which to explore the field of the corresponding reference value;Section5described the status quo of China’s rural land trust, made a comparison of different basic operating principles of rural land, and summarized the respective advantages and disadvantages;Section6pointed out that our rural land trust practices in the early stages have some problems and shortcomings, and the causes and negative impacts of these issues were analyzed;Section7highlighted the author’s rational proposals about legislative perfection, trading mechanism construction, supervision and other aspects of aforementioned problems;At last, the author concluded a simple review and summary, and made a brief description of which have not been discussed or not discussed enough.