| In order to promote the circulation of rural land contract management rights, this paper in legal risk perspective to analyses the land trusts circulation patterns that exist in our country’s land system(mainly rural land contract management rights system). Trust system development process are discussed too, in this paper. Reference theory of system transactions of property rights, Marxist Political Economics and institutional economics to summarize the land use principle in developed countries. Conclude the other countries land use principle to make good use of China rural management rights. Summarize the different stages of rural land trust history, they are exploration period, transition period, start-up period and promotion period. Compare and analyses the CITIC SUZHOU TRUST and BITIC TAOYUAN TRUST, which are two typical land trust cases. Both of them have used the second agent system, whereas in land pooling, profit distribution, land value promotion and capital support are quite different. Discuss the separation of rural land management rights. Even though under the current legal system still cannot recognize the rural land contract land is which kind of property right.. But according to the “property law”, which law encourages the limited property rights to be more comprehensive, this theory fit the realistic requirement. Analyses the legal risks in Fund Trust side and Land Trust side respectively. The Fund Trust side have policy risk, trust risk, market risk and other risks, the Land Trust side have property risk, policy risk, structure risk and exit risk. At last, the paper put forward the suggestions in different trust side, such as completing the land property rights and the property announcement, establishing land service agent and property exchanges. To review the Property Law as soon as possible to make the Land contract right legally. To adapt the circumstances, design the decent land trust structure, and to establish land bank in the future. |
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