Research On The Legal System Of Rural Land Contracting Management Rights Trust

Subtract Along with our country rural economic development and social relations change, Rural Land Contracting Management Rights Trust came spontaneously in practice. Facing the spread of agricultural production and extensive, the transfer of rural labor force to other industry land planning, land pastureland, urbanization, the rural financial and economic rigidity, traditional way of right to the contracted management of land circulation can’t satisfy the need of agricultural development; Rural Land Contracting Management Rights Trust, with its special properties bring to the contracted management of rural land circulation and utilization of new energy, to improve the level of China’s agriculture and the stable social relations, has played a great role in promoting. Domestic practice and research of the contracted management of trust, however, there are many misconceptions and shortcomings, such as the meaning of the Rural Land Contracting Management Rights Trust system and dislocation understanding, not to determine the scope of the legal relationship main body, the trust of the ownership and the right to the contracted management of the function is not clear, the setting up of the behavior of the program is not standard, etc. The concept of Rural Land Contracting Management Rights Trust, department law attribute of character and the social and historical background, legal elements with strong specility and pointing to the meaning. Should be based on the legal basis, the analysis to the contracted management of land trust in our country under the current law applies, the analysis of legal subject, the trust property, trust behavior, and how to improve the main system. In terms of legal subject, in order to realize the function of trust as the core standards, can determine the subject qualification conditions and scope of trust law, and then form a complete system of the trust legal relationship. In terms of the trust property, in general, on the basis of principle of trust property and the system, clear the cognizance of the trust property and property rights, interests distribution can make the Rural Land Contracting Management Rights Trust specification operation. Behavior in trust law, the right to the contracted management of land should be adapted to our country current law, trust and the trust establishment, behavior cognizance, limit conditions shall be clear specification and to promote farmland circulation, avoid conflict of laws, rule out behave maliciously evade legal responsibility and so on three kinds of unified effect.