The Legal System Of Rural Land Trust Transfer In China

With the rapid economic development and the deepening of the process of the rural market, a large number of farmers from the land liberated generations attachment out, transferred to the urbanization construction, leading to rural land abandonment is very grim. Add gradually to the development of modern agriculture transformation in intensive and large-scale, driven by the expanding rural land circulation scale, but there are many ways of existing land transfer restrictions in the system can not meet the objective of modern agriculture on rural economic development demand. With the gradual implementation of building a moderately prosperous society and deepen the development of "Thirteen Five" plan, how to make farmers better access to income from land, rural land to resolve the low efficiency of the largest rural economic development shackles, become contemporary society priority. Trust system as the current capital market development is an important legal system, transfer of rural land trust is to use the advantage of the trust system and in the management of rural land property transfer market integration in the existing laws and the national rural land policy to follow on the basis of rural land contracting right of an innovation system. Shaoxing, Zhejiang in 2001 to ease the contradiction between supply and demand of rural land, the first to explore the land contract and management rights trust system. Yiyang city in the deployment of land ownership, and fully draw Shaoxing mode experience in 2009 will be in the direction of rural land contract and management rights to the land trust. At the same time, CITIC Trust as a professional trust company also through land trusts agricultural enterprises and agricultural land management right to solve large-scale operation and funding needs. This paper to analyze the theoretical land trust system, the existing practice after three typical Land Trust Transfer Mode full discussion of proposed recommendations to improve the relevant system.This paper is divided into an introduction, body and conclusion of three parts. First is the introduction, describes the introduction of rural land trust system in the background. Then study comparing the domestic and foreign scholars on the transfer of land trusts, land trust system provided perfect directions.Text is divided into four chapters, the first chapter describes the advantages of the Land Trust circulation system. On the basis of the concept of rural land trust on the transfer of research and analysis Land Trust theoretical basis and argues rural land trust transfer system not only has the appropriate legal support in our legal system, but also in our country through legal and policy issues the rural land policy has a policy basis. Trust in the circulation mode and the traditional way of land transfer horizontal comparison, both the trust property independent of the personal property of the client, but also independent of the personal property of the trustee, to ensure the maximization of independence characterized interests of the beneficiaries, while also maintaining the safety of the trust property. By comparison, the circulation mode in circulation due to other body circulation qualifications, unreasonable transfer process in the presence of rural land transfer process leading to lag behind demand, rural economic development, the face of the new situation the needs of rural large-scale production, rural land Trust circulation operation and promotion of positive practical significance.The second chapter of the main features of the current trust model. In "Shaoxing mode", "Caowei Mode" and Citic Trust mode is the case, described in detail the process of transfer of three Land Trust model. The combination of the foregoing theoretical analysis of Rural Land Trust Circulation, legal issues of Rural Land Trust widespread circulation. As trust property includes land contract and management rights very seldom transferred to a trustee, contrary to the independence of the trust property, the parties to a trust subject qualification is not clear, the trustee executive powers under the supervision and lack of excessive subcontracting hidden Leaseback down other packages.The third chapter reflects the problems existing in the mainstream trust model.Through the transfer of rural land trust has practical exploration of legal analysis, summed up the trust relationship between the legal subject qualification is a sound practice of rural land circulation system of the Trust to be addressed reflected uncertainty Di issues and the circulation of the lack of legal norms issues, and in order to make the transfer of rural land trust can really drive the farmers’ enthusiasm, we must solve the rural land trust circulation supporting systems building.In the fourth chapter, the author puts forward some suggestions on the improvement of rural land trust circulation. Specifically refers to "Rural Land Contract Law" in the amendments, I believe that should be added to the Land Trust circulation legal form, the provisions of the Trust minimum circulation period, the introduction of antitrust law mechanisms of the three aspects of Perfection. In the "Trust Law" perfect proposal, based on the registration applicant is not clear, does not regulate the content of the registration, the registration validity blurring problems, propose to clear the registration authority and the registration procedures, and to regulate the registration of the applicant. The establishment of a special trust land transfer regulations, and I believe that should be clear from the Land Trust of legal relations subject to increase land trust mechanism of market competition, improve the regulatory three land trusts were perfect. Thus, by improving the legal and supporting systems, so that rural land trust transfer system to better protect the rural economy.