Research On The Trust System Of Rural Land Operation Right In The View Of Separating Rural Land Ownership Rights,Contract Rights,and Management Rights

Under China's household contract responsibility system,it is easy to beat the targets such as reducing natural risks,saving transaction costs,and solving basic food and clothing problems for farmers.However,there have also been problems of highly decentralized rural land management,low efficiency,and insufficient capitalization.It is pointed out in the paper that the superficial causes rest with the restriction of the two power separation to rural land intensive operations,the low income of rural land management,and the scarcity of existing rural land capitalization while the underlying reasons are the insufficient supply of the national system and the deficient industrial back-feeding for modernized agriculture.With analysis of the well-established land trust systems adopted in the USA and Japan,the paper explored and demonstrated the importance of trust-oriented rural land operation pattern to China.It argued that land trust contributed to enhanced rural land capitalization without changing the social insurance property of land..By expounding the rural land pilot reforms in Shaoxing of Zhejiang,Yiyang of Hunan and Suzhou of Anhui,the paper gained the following experience: reform right structures and realize the transfer of property rights on conditions where rural collective land ownership remains unchanged;give constant priority to the interests of peasants and realize intensive management where peasants have access to beneficial rights;never use farmlands for other purposes irrelevant to agriculture and lay emphasis on the due responsibilities of rural land operators.It got the enlightenment that trust-oriented rural land operation was the best way to finalize and carry forward what has been achieved during pilot reforms in the name of law.Moreover,rural land trust featured greater advantage than subcontracting,lease,transfer,interchange and shareholding.From a practical point of view,the rural land trust,which is an inevitable choice for China where the economy has developed to a certain extent,contributes to optimum-scale farm management,the expansion of channels for agricultural investment,and optimization of allocation of land resources.The rural land trust system is constructed in the paper with the guidance of “Opinions on perfecting the measures for the separation of the right to operate the right to contract the ownershipof rural land,” proposing that the rural land trust system is feasible provided that“separating rural land ownership rights,contract rights,and management rights" has been earnestly implemented,and putting forward concrete ideas for the subject,rights,obligations,objects,and procedures of the rural land trust.