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Study On Legal Mechanism Of The Rural Land Trust

Posted on:2017-02-12Degree:MasterType:Thesis
Country:ChinaCandidate:T T ChenFull Text:PDF
GTID:2296330503459278Subject:Law
Abstract/Summary:PDF Full Text Request
As a most important material of human survival and development, land resources always be valued by countries all around the world. The traditional household contracted land management system which has been put into practice for many years in China had complied with the needs of productivity, but with the development of transferring rural land is getting more and more quickly, this relatively closed farmland system can hardly meet the requirements of developing the rural economy and releasing the human resources from rural land. Under the situation of keeping household contracted land management system, rural land trust creatively combine rural land with financial products, which takes the advantages of the independence of trust property, isolation of risk and separated ownership and use.Under unchanging present rural land ownership, this essay analysis rural land trust in Chinese legal system and practical experience. So it can discuss on the rural land trust in the following four aspects.The First Chapter is the overview of rural land trust. First of all, this part introduces the concept related to land trust, and discuss the concept of rural land trust. Second, this part files the laws, regulations and governmental policies supporting land trust on trust, land use management and rural land contracted management right and introduce the legal system of rural land trust. Third, this part focuses on the necessity and value of the application of rural land trust.The Second Chapter introduces the legal relationship of rural land trust. According to this part, it’s necessary to analyses qualification, obligations and rights of trustor, trustee and beneficiary. Under the situation of the Rural Collective Land Ownership, rural land contracted management right is whether legal and reasonable to be trust property. As the trustor, farmers only enjoy rural land contracted management right and deliver the right to trustee who manage the farmland for realizing the purposes of rural land trust and has the obligations to pay the trust benefits to the beneficiary. In practice, there are often the same one of trustor and beneficiary.The Third Chapter introduces the representative models at home and abroad. First of all, it analyses the representative models including “Cao Wei model”, “Zhen Jiang model” in Jiang Su province and so on, which point out the practice situation and problems in rural land trust in our countries. Second, this part introduces the land trust system in Japan which can be divided into management land trust and disposition land trust. And land trust in America can be divided to public land trust and community land trust. At last, it can conclude the differences and advanced experience from them.The Forth Chapter focuses on the problems of rural land trust practiced in our countries. According to the statue of the legal system, the essay tries to support some suggestions from following aspects. Firstly, completing registration system of rural land trust including regulate the applicant, register office, details and legal force. Secondly, refer to the problems of risk control and regulation, the essay put forward to build the trust supervisors system and risk funds. Thirdly, due to the future development of trustee, whether there is the feasibility to structure trust bank. At last, it’s important to complete exit mechanism in order to protect farmer’s benefits.
Keywords/Search Tags:rural land trust, rural land circulation, rural land contracted management right
PDF Full Text Request
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