Research On The Legal Issues Of Our Country’s Rural Land Trust

Land is the material basis of human survival and development. Land resourceshave traditionally been the most vital natural resources. The Rural HouseholdContract Responsibility System has been put into practice in China for many years.The system had greatly encouraged the farmers’ production enthusiasm, and made agreat contribution to our country’s rural economic and social stability anddevelopment. But with the deepening of the reform of market economic system,relatively closed farmland circulation system has gradually become the unfavorablefactors which has being restricting the development of the rural economy. Trust, withits flexible system arrangement, has becoming a new way of land circulation. And ithas improved land circulation mechanism and optimized allocation of land resources.With the Rural Collective Land Ownership running in our country, the farmersonly enjoy the right to the management of the land and shall not have any right to thedisposition action, and the institutional arrangement of the trust system in which thetrust property and the beneficial right of the trust separated from each other couldrealize perfect fit with the circulation of the contracted management right. In thecurrently existing practice of rural land trust, client just delivered their right to thecontracted management of land to the trustee. The trustee managed farmlandmanagement for realizing specific purposes of the trust. The trustee also had theobligations to pay the trust benefits to the beneficiary. This operating model is notagainst the Collective Land Ownership system and do conform to the stipulations ofthe existing farmland circulation. What’s more, it also could promote the innovation and development in the field of farmland circulation.The text part is divided into four chapters. The first chapter introduces the originof the trust and trust’s concept, the concept of rural land trust and its three mainfactors. The exploration experience of the rural land trust in our country is dividedinto the government leading stage and trust companies dominating stage. This partalso introduces the advanced experience of land trust abroad and in Taiwan area ofChina. The second chapter analyses the necessity of the establishment of rural landtrust in our country, and the relevant legal basis are introduced. The problem toestablish land trust shall not exceed the legal boundary would be analyzedemphatically. The third chapter respectively analyzes the farmland trust the trustproperty, the qualification and the rights and obligations of the parties, the existenceand validity of rural land trust problem, change and termination of the farmland trustpublication as well as the relevant registration problems. Some suggestions are putforward in the fourth chapter to further improve the rural land trust in China.