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Legal Study On The Rural Land Trust

Posted on:2016-09-16Degree:MasterType:Thesis
Country:ChinaCandidate:S Q LuoFull Text:PDF
GTID:2296330479488092Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Land is one of the most significant natural resources in human’s life and lives from the agricultural society. The traditional household contracted land management system can hardly meet the conditions of the development of the modern agriculture industry, and it can hardly meet the requirement of the farmers. Improving the system of rural land circulation is the efficient method in the following areas, including improve the efficient distribution of the land resources, increase the benefit of land production and release the human resources from rural land. Rural land trust is the way of system innovation. It is the scheme arrangement to combine the element of land and financial institution, explore the method of advance the use of rural land and improve the agricultural production structure. The rural land trust set up in Anhui Suzhou by CITIC Trust Co. is called the first rural land trust in China. This trust is so attractive. After the settlement of this first rural land trust, several trust companies started to practice rural land trust in other areas in China on the basis of Anhui Suzhou Rural Land Trust.This essay analysis the Anhui Suzhou Rural Land Contracted Management Right Trust in our Chinese legal system and discusses on the rural land trust in the following five aspects.The First Chapter is the overview of rural land trust. First of all, this part introduces the concept related to trust, and discuss the concept of rural land trust on the former discusses. Second, this part files the laws, regulations and governmental policies supporting land trust on trust, land use management and rural land contractedmanagement right and introduce sthe legal system of rural land trust. Third, this part focuses on the necessity and value of the application of rural land trust. Finally, this part analysis the rural land trust experienced three stages from the government-dominated to government-participated.The Second Chapter is the overview of the land trust systems in other countries.First, this part introduces the land trust system in America. Land trust in America can be divided to public land trust and community land trust. Second, this part introduces the land trust system in Japan. Land trust system in Japan can be divided into management land trust and disposition land trust. Furthermore, this part compares the mentioned foreign legal systems to Chinese system, and analysis the differences and the where to learn.The Third Chapter focuses on the matters related to Anhui Rural Land Trust Scheme. First, this part introduces the scheme arrangement in details. Second, this part introduces the various kinds of legal relations in the trust structure. Third, this part point out the practice situation and problems in Anhui rural area. Finally,although the rural land trust practicing is on the foundation of Anhui Suzhou Rural Land Trust, different rural land trust schemes also have their own characteristics.Additional, this part concludes the characteristics and trend of rural land trust development.The Forth Chapter focuses on the legal problems in the following aspects,combining the practice in different land rural trust schemes and the statue of the legal system. The legal problems including the subcontract and agent management legal relations of rural land contracted management right, the obligations and rights of the parties in the trust, the legal problems in trust relation, the registration of trust 、the circulation of beneficial rights in trust, and the exist mechanism of trust scheme.According to the analysis in this part, it remains faults to some extent in the qualification of trustor, trustee and beneficiary. Meanwhile, due to the lack of related mechanism, whether the rural land trust could achieve the excepted goal remains to be practiced.
Keywords/Search Tags:rural land trust, rural land contracted management right, circulation of land
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