Study On The Legal Issues Of Farmland Trust In China

As the system innovation of farmland circulation financing,farmland trust refers to the time period during land contract management,the principal of land regards the land management right as trust property,and entrusts it to the trustee to manage or dispose of the principal manages and operates the right to the land in the trust plan,distributing trust income and returning land management right to land contractual management right after the end of the trust scheme.The trust company as a trustee to participate in the trust circulation of farmland began in 2013.Citc Trust,Beijing Trust and other trust companies have been carried out more than twenty projects practice in Beijing,Heilongjiang,Anhui,Shandong,Henan,Guizhou,Shanghai,Sichuan and other provinces.As a financial exploration of revitalizing farmland resources,the farmland trust takes the market-oriented means "bottom-up" to solve the problem of agricultural elements allocation,which plays a positive significance in financing for agricultural production and developing "Agriculture,Country and Farmers".However,trust legislation is not yet sound,indistinct operability,the unknown legal status of the client in actual implementation of farmland trust,lack of trustee incentive mechanism,absence of registration system and other issues still exist.With a general view of the land trust in Britain,the United States,Japan and Taiwan,its sound trust legal system,professional farmland trust institution,more comprehensive risk prevention and supervision system is of reference significance to China's farmland trust.In this study researches the legal issues of farmland trust in China from five aspects.The first part is the overview of farmland trust,which defines the concept of farmland trust,judges the characteristics of farmland trust and analyzes the necessity and value of farmland trust.The second part is the practice and exploration of farmland trust and introduces the typical model of China's farmland trust and evaluation.The third part discusses the legal problems faced by the practice of farmland trust in China,that whether the identity of the trustee of agricultural land is qualified,the incentive mechanism of the trustee is insufficient and the supporting system is lacking.The fourth part is the legal relationship of farmland trust,and discusses the contents of farmer trust trustees,trustees,beneficiaries and legal relations in the two modes of government agency model and dual cooperative mode respectively.This part lays the theoretical foundation for the next part.The fifth part is the countermeasures to solve the legal problems of farmland trust in China from the aspects of perfecting the relevant laws and regulations of farmland trust,building the incentive and guarantee mechanism of trustees,constructing of farmland trust registration and supervision systems.