An Analysis On The Legal Operation Of The Rural Land Trust

In recent years, the development momentum of China’s rural land circulation rapidly, the land circulation expanded also, our traditional farmers spontaneous circulation model has been very difficult to adapt to the demand of reality. Therefore, the innovation of land circulation pattern has become an important topic in the development of rural economy in china.China’s rural land circulation is small in size, with more traditional subcontract, lease, exchange, subcontracting and other forms. There are some defects in the form of land transfer in practice, such as "contracts, swaps and lease" this three kinds of modes are low level, land transfer information transmission range is very small, often occur in the village circulation between relatives, circulation form for the oral commitments, land prices arbitrarily and the individual vary greatly, cannot form the market price. These ways of conversion is occurred in the spontaneous behavior of households, so the transfer needs more quality and efficiency. The rural land trust system is the collective ownership of rural land and land contract system under the premise of not changing the rural land circulation, is conducive to the stability and development of the household contract responsibility system, rural land in our country is the creative development and perfect policy, is the objective requirement of China’s rural economic development, is in line with our party and government in the rural land policy. Zhejiang Shaoxing according to its own objective condition took the lead in the rural land trust circulation practice. The circulation of rural land trust also began to concern and discussed by many scholars, officials and the masses. Because of the above reasons I began to focus on rural land trust system and collect the relevant theoretical and practical information and writing papers.The current research on the land trust system in our country and abroad have made some achievements, many scholars have proposed a variety of views and ideas on the circulation system of rural land trust in our country, but there still exist shortcomings. Most scholars to the study of rural land rights from the static angle, not from the practice; theory and the existing works only on the connotation, rural land trust, the trust property, the feasibility of the subject and the rights and obligations, risks and regulatory problems, but lack of depth in theory, also has not yet been put forward has a complete process and system operation. In practice, the land trust this new circulation system of domestic have individual areas for pilot projects, but all the mode of operation is different, different standards, different processes, all practice lack detailed theory to guide. Therefore, the majority of experts and scholars need further exploration and innovation, to promote the circulation system of rural land trust in our country to maturity.Hope through this paper on the land trust system and introduce the Shaoxing rural land trust circulation practice can help the majority of scholars, government departments and relevant researchers make a more in-depth analysis, provides theoretical and practical basis for the improvement of the existing land transfer regulations, and provides research material for promotion in the future land trust transfer system.This paper mainly discussed from five aspects of rural land trust system. First, make a general introduction of this new land transfer system, discusses the feasibility and necessity of the system in our country’s social theory and practice, the system superiority and research the value of promotion, and introduce the practice of this system in foreign countries and China’s current application part. Second, discusses the specific content of the system, including the rights and obligations of the trust member, trust property, trust institution. Third, analyse the situation of the system currently in our country in the practice operation, summed up the problems met in the practice. Fourth, taking Zhejiang Shaoxing County as an example, from the perspective of practice, concrete analysis of local land trust mechanism is introduced, and the main facts, analysis services and organization, the specific operation process and the analysis on the system by the line in the concrete practice of Shaoxing. Fifth, summarizes the insufficiency of rural land trust system put forward the suggestion of perfecting. This paper has discussed the relevant theory, analysis and social practice experience review, the combination of practice and theory, analysis of local practical experience on the basis of theoretical research. The combination of the two aspects of theory and practice in ways that reflect the understanding of rural land trust system in china.