Research On The Regulatory System Of The Land Contractual Management Right Trust Circulation

With the accelerating process of industrialization, urbanization, information technology and agricultural modernization, even the farmers’ non-agriculture income has become major income source in some developed regions. The transfer of rural labor force and the increase of non-farming income make the opportunity cost of the small-scale operation increacing. Some farmers would rather abandon the agricultural land. In order to promote rational use of agricultural resources, ensure food security, boost agricultural productivity and increase farmers’ income, it is a necessary choice to speed up the transfer of agricultural and deveplop proper scale-management. Against this backdrop, with its distinct advantage over other agricultural land circulation, the land contractual management trust has become another innovative mode that some local governments and business trusts have actively trialed. However, as the land contractual management trust is at the very beginning in our country, there are a lot of imperfections, ambiguities and even illegality in this trials both in theory and in practice. Therefore, for the sake of its better implementation, this paper researches the land contractual management right trust from a regulatory point of view.This paper is divided into four parts. The first part analyses the exsiting risks of the practical land contractual management right trust, and applies regulatory efficiency principle, incomplete law theory as the theoretical basis of the land contractural management right trust. The second part discusses the current regulatory status of land contractual management right trust in our country. It mainly relates to two aspects: land management and trust financial regulation. And through the analysis of the status, its defects are mainly showed in the following aspects. At first, the regulatory legislation’s legal level of the land contractual management right trust is lower. Secondly, the system of market access is inadequate. Thirdly, the mechanism of beneficiary oversight and supervision of industry self-regulation should be strengthened. Lastly, the risk management mechanism is inadequate. The third part further studies two foreign land trust: Land Conservation Trust in America and Leasing Farmland Trust in Japan, which are similar with our land contractual management right trust.The American mode focuses on a self-regulatory system and the supervision of the beneficiary.The Japan mode lays emphasis on farmers’ self-management and critical government regulation in guide with the principle of protecting the rights and intrestes of farmers.Finally, combined with the above content, the fourth part proposes four advises to build and improve regulatory system of current land contractual management right trust. It needs to stress the regulatory principle of protecting the legal interests of farmers. At the same time, it needs to improve the registration system of trust, the certification system of the qualification of agricultural operators and trustee, risk prevention system, expand the scale of trust supervisors syetem and strengthen the regulatory power of the land circulation service agency. The regulatory system of the land contractual management land trust shoule be a multi-joint mechanism with multiple power to promote the smooth development of the land contractual management trust.