The Research Of Rural Land Trust System In China

2015 Central NO.1 Document said that the government will make great efforts to standardize and guide the rural collective management of construction land to help them enter the market to circulate. In accordance with the planning and use control, the rural collective management of construction land can free to choose to transfer, lease or in share, and the government will make sure they have the same market price and right as sate-owned land. In the context of this policy, it is very important to explore and establish the circulation of rural land trust system that suitable for the national conditions of our country.The advantage of the circulation of rural land trust system is that it can separate the rural land ownership,contract right and managementright. It can’t be changed that rural land trust must make sure the rural land ownership belong to the community, and the contract right belong to the owners of the land. On this basis, the settler trust the contract management right of rural land to the trustee,which manage the land according to the settler`s will in his own name. According to the trust contract,thebeneficiary get return. The trustee only can charge a intermediary service fee.From a legal perspective, there are many things to do to set up a circulation of rural land trust system. First of all, it is necessary to specify the rights and obligations of the trust litigant, such as the scope of the settlers, the trustee qualifications and so on.Secondly, we must clear the duties of relevant institutions of land trust. Finally, we must establish a standard operational mechanism of rural land trust.In addition, we must establish a complete and related system as a support, which can help to strengthen the administrative responsibility of the government in the land trust and give the owners of the land effective supervisory authority. Also, we must consider to establish a complete system to protect the interests of settlers. Asettler is the most important one in the land trust legal relationship. The protection of the interests of the settlers not only consolidate land trust system itself, but also help to stimulate the trust market prosperity.