Research On The Transfer Of The Rural Land Contracting And Managing Right Of Trust

Along With the deepening of economic reform, rural economy has also occurred great changes, and peasants' living level has improved significantly. Follow the farmland contradictions also exposed: the rural labor force in large flee high-centralized industry lead to farmland been wasted in growing condition. The contradiction between the efficient utilization of farmland and serious lack of rural labor put forward the requirements for land circulation of China. We take the land transfer way such as investment, mortgage, and subcontract in our country to stimulate the land circulation market. It worked to improve the rural land intensive status but weak. Recently, rural land trust circulation of the right to the contracted management as a new way provide new financing way for farmers' land operation. At the same time, it also provides the expected possibility to solve the contradiction of rural labor force and land, the development of modern, intensive agriculture. Around actively carry out rural land trust practice and make effective results, such as the trust model of XinYang and ZhongXin. The way of rural land trust improve the efficiency utilization of land, increase farmers' income, and greatly alleviate the contradiction. The current rural land trust practice now enter into a new stage: the commercial nature of the trust company began to enter to the contracted management of rural land circulation field. But with the deepening of the rural land trust practice carried out, it exposed many shortcomings.This paper mainly discusses the definition and nature of the right to the contracted management of rural land trust under the situation which the trust institutions are trustee. The problems which are exposed on the legal practice of the contracted management of rural land trust are analyses that combine with current practices status and depend on the basic elements of trust. The primary problem which is exposed in the contracted management of total land trust structure is that the qualification of subject is not clear. For example, it is not appropriate to act as trustor to the village committee or government who is with a strong administrative element because it could lead the farmers not the qualification of trustor to perform the right of the supervision and revocation for perfect they interests. And farmers usually are not specific beneficiary in practices but the village committee or government who is and distribute benefices of trust for farmers who cloud suffer risk. It is bad for development of the market of rural land but a monopoly in the long run. The second problem is the transfer of the trust property which is not match with the effectiveness of trust registration. And trust risk need to discuss in which the basic element of trust is inappropriate. Thus, the author puts forward to confirm the qualification of subjects, loosen the clause "guaranteed" restrictions and absorb the trust registration against socialism in trust legislation, establish a perfect supervision mechanism and so on for those problems. How to effectively norm the problem in rural land trust has important significance for efficient and comprehensive utilization of land. The thesis including three parts:The first part: On the basis of analysis of principle of trust, this paper differentiated trust and related concepts, defined the contracted management of rural land trust of definition and basic elements which is under special circumstances. The author discussed and demonstrates that it is business trust and non-profit, organization characteristics and limitations feature. Meanwhile, this part also evaluates the advantages and disadvantages of existing rural land circulation way in our country(especially pooling of land). At last, the author discusses the feasibility of the contracted management of rural land trust in the parts of political analysis, farmers' willingness to land circulation and so on.The second part: through analysis the practice mode of rural land trusts to reveal its nature and defects. And at the same time, the author discusses the problems depend on basic element in practice: the problem of unclear subject qualification, the problem of the transfer of trust property which is not match with the effectiveness of trust registration and trust risk.The third part: the author puts forward to confirm the qualification of subjects, loosen the clause "guaranteed" restrictions and absorb the trust registration against socialism in trust legislation for those problems which basic elements are in bad case. Meanwhile, put forward to construct the information disclosure mechanism, and establish a perfect supervision mechanism and so on in order to prevent and weaken the risk.