Study On The Construction Of The Compulsory Trust System Of Land Management Right

In the "decision of the CPC Central Committee on the reform of a number of major issues",the author puts forward the mortgage of farmers ' land contract management security power,and the subsequent state-driven "three-right separation" policy,the vast number of scholars launched the land management of the mortgage system of active discussion,the pilot also issued the relevant provisions.But in the realization of mortgage rights,both theory and practice remain in the traditional legal provisions of the way of mortgage realization.How to put forward the new way of mortgage realization creatively on the basis of the concrete situation of the land management Right mortgage is the main research problem in this paper.China's "guarantee law" only stipulates the discount,auction,sell collateral and other mortgage rights to achieve the way,but when the land management through the above channels of no one to accept the situation and when how,the existing laws and regulations on this does not specify.Some scholars put forward the method of compulsory management,but the specific how to enforce the management is not discussed in detail.In order to solve this problem,the author proposes to realize mortgage right by setting up compulsory trust for land management.The compulsory trust of land management means that when the land management right is used as a property right to repay the debt of the owner of the land management right,there are no cases of unmanned concession through traditional auction,sale,discount and so on.The court has to set up a trust for the land management right and pay off the debt with the trust income.The construction of land management rights compulsory trust mainly introduces and analyzes its connotation,necessity and feasibility,and gives a systematic exposition of the system,establishment,change and termination of the legal relationship.The system is mainly applicable to the situation of debt settlement after the mortgage of land management and the case of bankruptcy liquidation of the company.The article mainly discusses the realization of the mortgage right after the mortgage of land management right.On the basis of full analysis and demonstration of the compulsory trust system for the construction of land management rights,this paper makes a concrete conception of the various aspects of the system construction: first,the land management person is set up as the entrustor of the compulsory trust.The mortgiee,the ordinary creditor and the designated beneficiary of the compulsory trust as beneficiaries of the compulsory trust are the beneficiaries of the compulsory trust in order to guarantee their due claims.Secondly,in the establishment of the compulsory trust for land management,the legal basis for the establishment of the compulsory trust is suggested by the direct provisions of the law,and the contents of the trust are registered to protect the trust content.The validity of the compulsory trust is verified;in the aspect of the change of compulsory trust,the necessary analysis is made on the scope of the change,and the various circumstances that cause the change of the parties are summarized.In the end of the compulsory trust,the cause and the legal consequences of the termination of the trust are elaborated in detail,and the termination of the court is emphasized.The public role in the termination of compulsory trust.