Report On Implementation Of Land Trust Circulati On In Hanshan County, Anhui Province

Our party and government have always put a high value on issues concerning agriculture, countryside and farmers. They face many challenges such as how to improve farmers’living qualities and land efficiency, as well as ensure implementation of national fundamental institutions and stability of land policies; how to provide more living allowance and realize reasonable disposition of land resources.The land trust circulation system ma y lead a new way to solve these problemsAs economy develops, current Chinese Land Contracting Management Act and Trust Law, as most of other institutions, clearly stated demerits in related regulations on land trust circulation. In the third Plenary Session of 18th CPC Central Committee, a new-round land system reform was confirmed by the approved The Decision of the CPC Central Committee on Several Important Issues of Comprehensively Deepening Reform, which proposed that "Industrial and commercial capital shall be encouraged and led to countryside to develop modern planting that is suitable for enterprise operation and input modern productive factors and business model into agriculture." This reform showed lawmakers’ focus on rural land circulation, and found deficiency in the process of traditional rural land circulation, which offered legal support to the entry of industrial and commercial capital to country, and its participation in rural land circulation. Combined with Land Contracting Law and Trust Law, and practical cases of land trust circulation in Hanshan County, Anhui province, this paper discusses practical problems existing in Chinese rural trust circulation system, and then tries to put forward some suggestions for improvement.With the author’s field survey in Hanshan, we gets more and more details of how the system operating, the concept,the legal basis, operation process,the actual scale and the advantage of Hanshan’s land trust circulation.Meanwhile the author concludes that, because of the lackness of experience,a series of problems exsit. It includes that the land ownership is not clear yet, the Macro-control and Administrative intervention of the government is common, there are no unified laws nor institution guarantee, the land trust circulation system and the supporting measures are not well organized yet.The existence of these problems is not conducive to the healthy and orderly development of Hanshan county land trust circulation system, therefore, this paper attempts to combine "land contract law", "trust law" and Hanshan County, Anhui province land trust transfer of actual case, discuss some common problems in the existence of China’s rural land trust circulation system in practice, and from the angle of law proposed the own some suggestions to solve, hope to have some modest role of the trust of rural land circulation system perfect.First of all, to the rights and obligations of the parties to clear land trust transfer process; secondly, to regulate the procedure of land trust circulation, improve laws and regulations in the our country related land trust circulation, land trust laws, there are rules to follow. The establishment of land trust supervisor system perfect and unified, perfect the government responsibility. Finally, we should strengthen the construction of legal system, increase legal advocacy, smooth administrative relief, judicial relief channels and better protect farmers’ interests.