Research On The Legal Protection Of Farmers’ Rights In Land Contractual Management Rights Trust

Land Trust originated from the United Kingdom, Land Trust in the west established on the basis of private ownership of land. In our country, the land contractual management rights trust is unique, and therefore Western experience does not apply to our practice.It has a certain development of the land contract and management rights trust in our country, in the earlier model, such as Shao xing mode, Sha xian mode, those were much government-led, the advantage of trust did not effective play. Since October 2013, CITIC Trust set up the first single land contract and management rights trust, the nature of the trust turned from the non-profit to the profit model. Since then, Beijing trusts, Zhong jian tou trusts and other built in a number of trust companies have joined the ranks of the land contract and management rights of the trust. Land contract and management rights trusts which involve trust companies in the current are different, the legal status of the farmers in every are different, farmers may be the client,beneficiary, even not the parties of trust,these result that the rights farmers enjoye also vary. Meanwhile, in various stages o f trust,the rights of farmers can enjoy are also different.In the current trust mode which involves trust company, farmers are at risk in all aspects: in the party setting, farmers may not be e parties to a trust, they are not entitled to any rights; Trust companies deeply are involved in the land transferring, farmers loss the initiation in the trust. The supervision right of trust are of restriction; beneficial right to pledge is at risk; the right to exit is limited; after the termination of the trust land ownership is at risk. The reason why farmers face many risks is that the particularity of the trust property, the law has not yet clearly defined, the profit nature of trust companies and land policy in transition.In view of the risk of farmers, this paper put forward specific suggestions from the stage of the trust model construction, also legislation should develop, the supervision system to the contracted management of land should be established, the rural social security system should be improved, and improving the registration system of trust.