The Construction Of The Legal System Of Rural Land Trust

The development of the market economy not only brought the development of the socialeconomy and the prosperity of the market, but also brought far-reaching influence on China’srural economy, the expanding market is so strong that migrant workers has become a majortrend in the demand for labor, farmers want more economic value in the land,but the land’sproduce unable to meet their life,so a large number of migrant workers groups was born onthis moment, followed by a large number of rural land is barren, serious waste of our countryalready cultivated land resource is not rich, then a one unit mode can’t adapt to the farmingagriculture long-term development. The eighteen held the Third Plenary Session of theproposed: focus on speeding up the establishment of new system of agricultural operation,and encourage the rural land contracting right of management circulation (in a new way themain transfer direction is specialized in planting, large family farms, cooperatives, etc.), toencourage agricultural development cooperation management, increasing the financial inputsubsidies for new forms of agricultural cooperatives. At the same time, to encourageindustrial enterprises to develop modern farming countryside to land management,development mode of production of the new be imperative, this paper proposed the trustsystem into in the rural economic development, provide a new form of circulation of ruralland contracted management r, to trust a bit for the development of service economy andpromote farmers the agriculture scale development.Specification and supporting the development of the form of rural land trust cannot dowithout laws and regulations, so I try from the angle of legal construction to provide a legalbasis for the effective measures. In this paper, the trust of rural land legal system constructionof elaborated the main content is divided into five parts:The first part is the introduction. The main innovation point is basic theory for thewriting background, significance, research status at home and abroad to and articles, in orderto find the origin and the basic theory of rural land trust support, lay the foundation for thispaper.The second part is to elaborate the general problem of rural land trust. Connotation,including rural land trust system characteristics, the land trust system analyzed legalrelationship, clear the subject, object and content of rural land trust, this part put forward inthe final importance of land trust in rural China at the present stage, through the comparisonof various modes of rural land circulation extract the superiority of Trust Land transfer mode,and to determine the land trust is a kind of system to conform to the rural land economicdevelopment of our country at the present stage.The third part is the analysis of the model of legislation of rural land trust. Including thegeneral analysis on the present stage of the trust of rural land operation mode and thelegislation situation in this aspect. At present, our country practice of rural land trust each are not identical. Some did not reflect the characteristics of the key legal trust system, some meetthe legal characteristics of trust but can achieve the anticipated benefits are not known in theoperation, of which the main practice modes: the main form of mode, COFCO trust CITICTrust, Beijing trust etc. There are still many defects in the legislation, to new things is lack ofeffective norms are the cause of many enterprises wait-and-see attitude, but China’s"constitution","property law","Rural Land Contracting Law" so as to encourage thecirculation of rural land’s tone is clear so the concrete way of circulation is optional, will thetrust system into the legal provisions do not violate the land circulation, the construction ofthe legal system of rural land trust has great practical significance.The fourth part is the presence of land provided operation stage of defects and the defectof legislation. Operations are mainly as follows: the rural land trust the client of the mainconfusion, agricultural company financing, supporting measures of land trust is not perfect,administrative intervention and farmers’ rights and interests can not be guaranteed. In thelegislation of Chinese mentioned about between the land registration system is not perfect,the rural trust and various kinds of law of rural soil cohesion, trust in the right and obligationof the parties is not perfect and other aspects.The fifth part is the proposal of building a legal system for land trust recommendations.The paragraph is the first suggestion of rural land trust in the practice of the operation modeis put forward. The principal insured, explicit proposals increase mechanism, set upsupervision mechanism, cultivation measures of intermediary organization, reduceadministrative intervention, the sense of reality. Secondly, the legal system construction ofrural land trust on the basis of the practice, including the land registration system, the rightand obligation of the parties, to perfect the land assessment agencies, the implementation ofstandards for agricultural enterprises access standards and the trust of rural land and propertylaw and the law of personal connection. Finally, in order to protect the peasants property rightas the foothold, stressed the need to focus on the protection of farmers in the land trust of thelegitimate rights and interests.