A Study On The Legal Issues Of The Contractual Management Of Land Trust In China

In recent years,with the continuous development of China's market economy,China's rural land circulation has developed rapidly,the scope and scale of land circulation has been expanding.There are many shortcomings and shortcomings in the traditional forms of land transfer,such as the interchange of land contracting right,subcontracting,transfer and land acquisition.Therefore,the form of innovative land transfer has become an important subject of rural economic reform and development.This paper aims to introduce the trust system into the circulation of land contract management rights,and strive to further improve the rational and orderly circulation of rural land in China.Land contract management right trust as a new form of land contract management rights,although not in the "Property Law","Rural Land Contract Law" is clearly stated,but in our existing exploration and practice which showed a huge Of the vitality of the farmers in the containment,to achieve the scale of rural land management and intensive management,to solve some of the rural surplus labor employment,to achieve farmers' income has a greater advantage.The basic logical structure of this paper is from the existing literature,put forward the research ideas and problems,the specific research content is divided into seven parts to discuss:The first part is the introduction.In the context of theimplementation of the family responsibility contract system in China's rural land,the trust of land contract management has its theoretical significance and practical significance,and the domestic experts and scholars have carried on the thorough research.In addition,some developed countries have matured the development of land trust,this paper to the United States,Japan,for example,the classic land trust model to introduce,and from China's land contract management rights development of reference.The second part is the summary of the trust of land contract management right in our country.The concept of land contract management trust is an extension of the concept of trust,which refers to the rural land contractor based on the trust of the trustee,the land contractual management rights entrusted to the trustee,by the trustee in accordance with the wishes of the contractor to their own The act of managing or disposing of the interests of the contractor.In addition to the general characteristics of the trust,the trust of the land contract has other special characteristics.The main body of the legal relationship has the principal,the trustee and the beneficiary.The object is the land contracting right.The third part is the development of land trust and the reference for our country in developed countries and China.The common pattern of land trust in the United States is land protection trust and community landtrust.Japan is mainly land trust bank.The development of land trust in Taiwan is relatively mature,and the relevant rules of land trust registration are also formulated.Finally,it draws out the inspiration for the trust of land contract management right in our country.The fourth part is the necessity and feasibility analysis of the trust of land contract management right in our country.In recent years,the Central Committee of the Communist Party of China(CPC)issued the "One" document every year to emphasize the need to constantly innovate the way of land reform,which provides policy support for the further development of land contract management rights.In the existing law,the trust of land contract management rights is governed by the "Trust Law","Property Law" and "Rural Land Contract Law",which gives legal status.Land contract management rights trust has shown its advantages in practice,not only can achieve the rational use of land and large-scale management,but also can effectively protect the interests of farmers and prevent the phenomenon of land abandonment,help to improve the "three rural" problem TheThe fifth part is the problem of the trust of land contract management right in our country.Although the land contract management rights trust has its unique advantages,but at the same time there are still some problems in practice.In the operation of the administrative power of excessive intervention,the lack of professional intermediary services and assessment agencies,supervision is not enough and the lack of risk control methods,there are financing problems.At the same time,there are still some problems in the legislation,such as the rural land registration system is not perfect,the trustee qualification is not clear,the relevant legal connection is not appropriate,the farmers' rights and interests are damaged and so on.The sixth part is the perfection of the question of the trust of the land contract management right in our country.In the operation of the government should change the functions of macro guidance,and the establishment of land contract management rights trust intermediary service agencies and assessment agencies,the establishment of strict risk regulation and prevention system to strengthen financial support.At the same time,in the legislation to improve China's "Property Law" and "Trust Law" in the land right registration system,a clear trustee qualifications,convergence of land contract trust management rights and the laws to strengthen the protection of farmers' rights and interests.The seventh part is the conclusion.Land contract management rights trust as a new way of land transfer,not only in the economic level has made fruitful progress in the social level has also made a good demonstration effect.I believe that the future of China's land contract management rights in the land reform can play a more important role.