Legal Research On The Mode Of Contractual Right Of Farmland Trust Transfer In China

In recent years,our country's economy is in growth and shift.Although China is undergoing pressure of gliding,China still leaps into the front ranks of globe economy entities.Great achievements in economy inspires us.However,rural land economy is our short slab.Hence,we should spare no effort to accelerate economy for harmonious development.Since 1980 s,we have established the household contract system.The household contract system has played an important role in such particular times.However,as time goes by,the traditional system could not satisfy the demand of land and agriculture development.It is urgent for us to speed up land transfer and better transfer mechanism.On one hand,it is useful for land use;on the other hand,it is good for effective disposition of land resources.Most scholars hold the opinion that the community owns the farmland.farmers possess the contractual operation right,operators share the management right.Such is new revolution in rural reform.Beside,in this paper,the author holds the opinion that it is significant for us to plan trust transfer in countryside.For one thing,trust transfer could satisfy the demand of rural land;for another thing,it leads us new method of combing land and finance.Based on rural land trust of our own country,the papers has been divided into four parts as follows: In Part One,the author gives a brief introduction about the background of reformation in rural land contractual and management rights,evolution of policies and legislation in contractual and management right transfer.Besides,it talks about different transfer modes in our country.And it focuses on trust transfer.In Part Two,the author discusses the current mode of rural land trust in our country.This part has been divided into two sections: one is the government-oriented pilot mode,for instance,Shaoxing,Yiyang etc.Another is business-oriented mode,for example,The Citic-Suzhou Programme,Lanxi Mode etc.In Part Three,the author studies land trust in foreign countries,from America to Japan etc.After that,the author discusses the characteristics and advantages of those countries,moderate regulation from government,perfect legislation etc.It is meaningful for us to study from them.In Part Four,the author raises suggestions on improving trust transfer in our country.Those suggestions include clarifying subject of trust transfer,building sound regulation system,moderately interfering of rural land trust from government,registering the contractual and management right,reinforcing the regulation of land use,building uptrust service center etc.