The Research On Legal Problems Of Rural Land Trust System

History has proved that whether in the stage of social change or social development,the land problem is crucial.Nowadays,the contradiction between people and land is serious,lots of lands are lying waste.Then the market of transferring the rural land arises at this historic moment.However,the trust circulation has its unique advantages compared to the rent,sun-contract and any other traditional modes and gradually accepted by persons.The essay mainly focuses on the legal problem about the trust circulation of the rural land in our country to establish a perfect system of rural land trust,and protect the legal right of the farmers when fully develop the value of the land.The first part of the essay mainly analyses the necessity and the theoretical foundation to build system of rural land trust in our country.First of all,I discussed the practical problems needs to be addressed when land circulation.And then analysis the reasons why we choose land trust among different kinds of approaches and the comparative advantages of land trust.Lastly,I discussed whether land contract and management rights can be qualified trust property.The second part introduces the two trust modes,one is dominated by the government,the other is dominated by the market.After discussing the operation modes and their characteristic,I found there are series of legal problems in the practice of rural land trust,including the qualification of the trust companies and the fact that the trust companies do not actually engaged in the management of the land.The third part is the analysis of the land trust systems of America and Japan.Land trust system in the United States is the most perfect development in developed countries.Japanese land trust system is the most representative in continental law system.From the introduction to the land trust systems of the above two countries,we can learn a lot in many aspects various from the operation mode in the land trust,the purposes of the land trust to risk control.The last part puts forward some superficial suggestions of perfecting the rural land trust system of China.The rural land trust system of China should lay great emphasis on the protection of legitimate rights of farmers.The following measures should be put into practice:the establishment of a specific rural land trust organization,which offers comprehensive services;flexible interpretation of "land use can't be changed" requirement,to promote development of modern agriculture and ensure the smooth development of trust projects;setting up relevant beneficiaries protection mechanisms;improving the land trust registration system.