The Legal System Of Rural Land Trust Trustee Research

In this paper,we investigate the legal system of rural land trust trustee on the basis of the existing rural land trust system,mainly focusing on rural land trust,the trustee,rights,obligations and legal liability.Comparative research is used in the process.By comparing the trustee system in our country and that of foreign country,we find the drawback in our trustee system and provide probability to perfect our trustee system of rural land and trust referring to the mature system in other countries,thus promoting the development of rural land trust circulation.The full text is divided into four parts.The key content,research method,background and literature review of the subject are presented in the introduction.In the first part,relevant concepts of rural land trust trustee are elaborated in different levels,including the concept of trust,and that of rural land circulation,of rural land trust circulation and of rural land trust trustee.And then,the qualification and type of trustee are introduced.The qualification of rural trust trustee includes general qualification and special qualification.General qualification means the rural trust trustee,as a subject of legal relation,must be a person with full capacity for civil conduct.Special qualification refers to professional qualifications of the rural trust trustee,as the subject of legal relation.There are three types of rural trust trustee theoretically: natural person trustee and corporate trustee,civil trustee and commercial agent,original trustee and subsequent trustee.In the second part,the main content of the system of rural land trust trustee is included.The rights,obligations and responsibilities of the rural trust trustee are analyzed in detail.The rights of rural land trust trustee include the rights of management and administration to the land of rural land trust,the rights to get payment,the rights to get compensation and the rights of resignation.Rural land trust trustees differ from other trustees mostly because of their rights of management and administration to the land.Land contracting management rights is the subject matter in the transfer of rural land trust,so,managing the rural land according to the contract and obtaining economic benefits is the primary task of rural land trust trustee.Rural land trust trustee commits various kinds of obligations,including the duty of the management of land in accordance with the trust contract,diligence,duty of loyalty,respectively management duty,obligation to manage in person,information told obligation.We can tell that it is not only a constitutional right but also an important duty for the rural land trust trustee to manage the land.The legal liability of rural land trust trustee includes civil liability,administrative liability and criminal liability.Civil liability is the primary.It involves the civil liability of the trustee to the beneficiary and that to the third party.In the third part,we state the imperfection of the legal system of Chinese rural land trust trustee in five aspects,and show clearly the reason.Incomplete land trust registration systems,selection system of land trust trustee,land trust agents' system,are responsible.The rights and behavior of land contract trustee should be made clear.There is also great limitation in liability system of rural land trust trustee.In the fourth part,it is focused to resolve the problem.Suggestions to perfecting the system of Chinese rural land trust trustee are made in six aspects.The development and perfecting of a system rely on corresponding law,so it is expected desperately for rural land trust trustee to enter the legislative process,thus providing specific laws for land trust transfer.It is no doubt that,only by perfecting a series of relevant systems,such as land trust registration and agent system,as well as rural social security system,can the system of rural land trust trustee be developed healthily.In the conclusion part,it is the summery and main point of this paper.The further development of the system of Chinese rural land trust trustee is discussed also.