Study On Legal Issues Of Rural Land Trust Circulation

As the most important material base of human survival, land resources has been a major concern of all sectors of the community. However, with the continuous development of market economy, especially after the accession to the WTO, foreign agricultural has impact to our country, our country currently run by individual small-scale farmers management pattern already can not adapt to the development of the countryside. Since the policy of promoting the development of rural reform and development, the rapid development of rural land circulation developes rapidy. But now the subcontract, lease and shares the traditional land transfer mode has been unable to meet the needs of economic development in china. In this case, China makes the trust theory into the rural land market as a new way of land circulation, making the rural land trust circulation system arises at the historic moment. Rural land trust circulation mode is a new type of land transfer, which is based on the rural land use right to transfer the trust property. This transfer system has been used for reference of the effectiveness of foreign land trust system, but because of the difference between land system and foreign land system in China, it can not completely draw lessons from foreign experience. Although it is still in the development stage, but also encountered a lot of problems.This paper attempts to provide a new way of thinking for the circulation of rural land in view of the reality of the large-scale circulation of rural land, combined with the characteristics of the trust system. At present, China’s rural land transfer trust is still in the exploratory stage and the corresponding legal theory research is still in the initial stage of exploration, which is an urgent need to further study and use to guide practice. Based on the theory and practice, this paper attempts to introduce the theory of trust, in the process of rural circulation of rural land circulation of the trust law ways and countermeasures, in order to solve the problems of the agricultural development faces to provide legal basis. Besides the introduction, this paper is divided into three part expounds the related problems.In the first part, the theory of trust and rural land circulation is analyzed. First of all, this paper outlines the situation of rural land circulation, and then discusses the definition of trust and the establishment of elements, analyzing the main legal relationship of trust and outlines the characteristics of the trust. On the basis of this, this paper discusses the theoretical basis, connotation and characteristics of the rural land trust circulation system, and finally expounds the legal relationship between the parties and the land trust.The second part, describes the present situation of legal regulation of our country’s rural land trust circulation. Firstly, this paper discusses the current situation and the problems of China’s rural land trust circulation,namely,our country implement limitations and the limitations of using phase at present, the rural land trust produces positive effect obviously, but existing the lack of normative operation, external financing bottleneck highlights, concractors understanding of land trust through lowly at present; Secondly, this paper expounds the rural land trust circulation of legal basis,which from the rural land contract law in our country, the trust law and the provisions of the "property law". Finally, the paper analyzes the legal problems in China’s rural land trust circulation, namely the trust registration system lack of operability, loss of the beneficial right of the land circulation mechanism, the government appeared dislocation and so on.The third part elaborates the advice to perfect our system of rural land trust related, which from improving the laws and regulations of rural land trust circulation, improving the system of circulation of right to the contracted management of land trust of land change mode, perfecting the rural land trust circulation of registration with the public, perfecting the land trust important construction of form a complete set of institutions and improving the protection of rural land trust circulation these five aspects to discuss.