Research On Legal System Of Trust Circulation In Rural Lands

"The Decision of the CPC Central Committee on Several Important Issues of Comprehensively Deepening Reform"(hereinafter referred to as ''Decision''), adopted by the Third Plenary Session of the 18 th CCP, November 9, 2013, indicates a new direction for rural land reform. The ''Decision'' first proposes "encourage and guide the industrial and commercial capital to rural development for enterprise management of modern plantation industry, to enter modern agricultural production factors and business model," "encourage social capital to invest in rural development, allow businesses and community organizations setting up all kinds of business in rural areas", which provides the policy basis for social capital into the rural areas and the rural land circulation. However, the specific system about how social capital investing in rural land circulation practice, the state hasn't made it clear. Even though existing research results involves some discourse of social capital into rural land, the research of trust circulation in rural lands are not many, and most of the studies just stay on the analysis and summary of existing land trust circulation practice. On this basis, this paper will make a further study on trust circulation in rural lands.First, based on extensive literature review and data analysis, this paper makes a general introduction of the concepts and policies of rural land circulation, as well as rural land's current use status and rural lands circulation issues, thus pointing out the current situation and problems of rural land circulation. Secondly, this paper proposes a new system – trust circulation in rural land to solve the problems, and analyses the feasibility and necessity of trust circulation's implement in rural land. Then, this paper focus on the legal system of trust circulation practice, such as the definition and eligibility of the trust property, the rights and obligations of trust parties as well as the registration contents and effectiveness of land trust, etc. Finally, this paper makes some suggestions to solve certain problems of trust circulation practice in rural lands.The main innovation of this paper is: a) the angle innovation – this paper introduces trust system into rural land circulation and proposes a new solution to rural land circulation problems from an interdisciplinary perspective; b) when discussing the introduction of trust into rural land, this paper puts forward new insights from the perspective of inclusive financial system and the realization of public ownership. In addition, the paper also puts forward own insights of the legal parties' rights and obligations in trust circulation in rural lands.