The Research On Rural Land Transfer Trust System In China

Agriculture is the foundation and groundwork for the development of economy which is related to people’s livelihood in our country. Even though we get a rapid social and economic development since China’s Reform and Opening up, agriculture is still lagging behind. The fundamental reason is that the traditional decentralized management which restricts the productivity of land. In our country, rural land owned by collectives which is related to the countryside collective ownership, adopting the household contract responsibility system. This system has a positive role in the Reform and Opening up, but with the development of economy, family decentralized management model is unable to meet the needs of modern agriculture. Transferring of rural land orderly has become an urgent requirement of the China’s agricultural reform. Our traditional mode of farmland transfer, due to its own defects in the process of running, appears many problems. Thus traditional mode of farmland transfer is not good for promoting the modernization of agriculture in our country. Therefore, to study the new circulation mode is very necessary. Rural land transfer trust system is a new rural land transfer mode which gradually explores out the practice. It has advantage on broadening the agricultural financing channels and promoting the efficiency of allocation of land resources and so on. However, as a new system, rural land transfer trust system has many limitations. So it is necessary to conduct an in-depth study of the rural land transfer trust system and put forward the suggestions for the rural land transfer trust system.Based on our country’s conditions, combining the basic principle of trust law, this paper conducts an in-depth study on the rural land transfer trust system. This paper consists of three parts. The first part is the basic theory of land transfer trust system. Through the introduction of land transfer trust system, this paper describes the concept and characteristic of the rural land transfer trust system. Then from the legal and policy aspects, this paper demonstrates the feasibility of the rural land transfer trust system. Finally, finally through the analysis of the defects of traditional rural land transfer mode and the analysis of the advantage of the rural land transfer trust system. This paper demonstrates the necessity of the rural land transfer trust system. The second part focuses on the practice and problems. This paper introduces the evolution of the rural land transfer trust system, and elaborates four representative models. This paper points out the existing problem of it in china which includes the lack of definition of the subject of trust, the lack of trust registration system, lack of effective supervision mechanism and the lack of relevant supporting system. Following the second part, the third part points out that the rural land transfer trust system should be perfected which is based on the existing laws. This part firstly introduces the subject of the rural land transfer trust system, and discusses the rights and obligations of it. Then this paper puts forward suggestions for building the trust registration system and regulatory mechanism and establishing the related supporting system of the rural land transfer trust system.