Research On Trust System Of Land Management Right

Since the introduction of th e household contract respons ibility system in rural areas in China,the rural economy has achieved steady development and the peasants' livelihood has been ef fectively protected under the predom inant environment of traditional household contract managem ent.However,with the continuous improvement of the level of urbanization and the intensif ication of the scale of agricultural land circulation,traditional management methods have already hindered the development of agricultural land systems.Since the Third Plenary Session of the 18 th CPC Central Committee,at the centra l level,several m ethods of splitting ownership of collective ownership,land contracting rights,and land management rights have been proposed,and it is required to fu rther implement the three-share separation method.Under this new type of farmland property rights reform,the land management right is one of the key points,and it has been repeatedly mentioned in the Central Document that the right to operate the land should be revived.The trust transfer of land management rights is one of the i mportant ways of reviving land management rights.In practice,it has f ormed several well-characterized practice models and provided a practical model for the promotion and development of land management rights trusts.However,in view of the current legal system of rural land in China and the legal system of trust,there is no com prehensive and detailed stipulation on the land management right trust.The "Rural Land Contract Law" and the "Property Rights Law" only provide principles for the transfer of land contractual management rights.They do not define the land m anagement right trust as one of the ways of transferring land contractual management rights,and the "trust law" is only General provisions on trusts do not specifically refer to farmland trusts.As a result,ther e are no specif ic laws to follow in practice,the rights and interests of peasant households are impaired,and the registration of trusts is lacking.The trust of land management rights is subject to legal challenges.However,there is still contr oversy about the nature of land m anagement rights in the academic community,and the specific structure of the land management right trust system remains unclear.Therefore,on the bas is of the existing practice models,the useful practices are summ arized,and com bined with foreign m ature experience,the trust system of land management rights is improved.The main contents of this paper include the following four part s: The first pa rt summarizes the trust system of land m anagement right,briefly introduces the connotation and extension of the land m anagement right trust,and then clarifies the legal relationship in the land m anagement right trust,based on which the land of our country The evolution of management rights trusts has been summarized.The second part is the main problems in the trust system of land management rights,including the unclear legal status of the land share cooperatives in the main system,the misuse of the government's role,and the lack of protection of farmer's rights and interests;the nature of land management rights in the object system is unclear,registration is missing,and the way of use There are shortcomings;there are deficiencies in the legislative model of the supporting system,lack of risk prevention,and so on.The third part introduces the land trust system outside the United States and Japan,and summarizes some useful experiences.The fourth part addresses the i ssues raised in the previous section,and provides corresponding suggestions for i mprovement,including clarifying the legal status of the land shareholding cooperativ es,reasonably positioning the government's role,strengthening the protection of farmers' rights and interests,clarifying the nature of land management rights,and improving the corresponding registration system.The spatial expansion and securitization of ope rational rights;the im provement of the legislative model of land management rights trusts and establishment of corresponding risk prevention m echanisms.Based on this,we hope to provide reference for the legislation of the land manage ment right trust under the re form of the new rural land system and provide reference for the land m anagement right trust practice,so as to promote the realization of lar ge-scale circulation of agricultural land in China and further release the vitality of farmland.