Research On Legal Issues Of Land Contractual Management Right

The promulgation of the Rural land contract law of the people's Republic of China in 2003,which means the establishment of the land contractual management right system of quasi.And the Property law of the people's Republic of China promulgated in 2007 further established the system of land contract management right.For 30 years,the reform and construction of rural economy has been continuous,while the rural land circulation is an eternal topic of the focus and difficult point of rural reform,which fundamentally affects the improvement of rural productivity and the sustainable development of agriculture.In order to ensure the efficient circulation of rural land,various forms of land transfer are gradually applied.Different forms of circulation have contributed to the rural land circulation.However,it is still reasonable to see that the use of these methods does not maximize the use of land resources,in efficiency,fairness,income and so on,to be further improved.Therefore,seeking the optimal way of agricultural land circulation is the first problem of reform.The trust system is a related system originated from Britain to avoid the legal unreasonable practices.It is also called the use system in Britain.The system is initiated by a trustee and transfers its property to a third person it considers trustworthy,to be managed and applied in accordance with its own requirements,and to designate a specific person to enjoy all the benefits derived from the property.The main reason is to avoid the legal provisions,and give the land to the church to solve the state to prohibit the transfer of land in the church.The trust is an effective system of property management,gathers legal function and economic function,divides the two attributes of rights and interests,separates the main body and the main body of the income,and provides a ideal type operation mode for the social economic activities.Because of the infinite superiority of the trust system,attracting the attention of countries and reference.Integrate the trust system into the trust of the land contract management right,make the rural face a new look,achieve the agricultural efficiency,farmers' income,the prosperity of rural prosperity.However,the introduction of the trust system in China,short time,coupled with the economic elements and legal elements of China is very different,and the nature of the single system of land ownership and the British dual ownership system.Therefore,the system inevitably has some problems in our concrete practice.If the trust system is integrated with the unique rural land system,the evolution of theory and practice is essential.Therefore,the key opportunity of the development of rural reform is urgent to solve the problem.In this paper,the system,through a detailed analysis of five parts.The first part focuses on the theoretical significance and practical significance of building the system from the policy guidance,economic and social development,and explains the system through comparative and empirical research methods.The second part analyzes the origin and development of the system,defines the connotation of land contract management right trust with unique attributes,and in-depth demonstrates its characteristics.After the system has a whole and more in-depth cognition,through the practice of the pilot of this system in China,analyzes the specific application of the system in China,and then explores the deficiencies.The third part analyzes the related problems of the main system in the current system,accurately defines the trustor,trustee and beneficiaries of the system,and analyzes the particularity of the beneficial right.The four,part analyzes the specific practice of the system and the expansion of current real right object,innovation and expansion of the object of the system,including the expansion of the trust object in trust law,the space of the system,and the derivative of the right trust after the separation of the right to contract.After the construction of the relevant system under the special land system,relevant specific and detailed registration system should be established.The fifth part makes a comprehensive study of the registration system of the system,through the comparison between the existing system of the theoretical theory and the effectiveness of registration,improve the registration effective mode of China,so as to strengthen the effectiveness of publicity and stability of the system.In the construction of the system registration system,the subject,object and content of registration are explored to improve the agricultural production value and to make the trust industry healthy development.