The Institution Reconstruction Of Rural Land Trust Under Division Of Three Rights In China

Rural land circulation through land trust system has a natural advantage.The rural land trust practice has obtained the good economic effect and social effect in the city of SuZhou in AnHui province,YiYang in HuNan province,LanXi in Hei LongJiang province of China.Because of that,scholars have done some construction of theory,model analysis rule argument and meaning interpretation on rural land trust practice.But the defects of theoretical research is that it cannot solve the problem of the institution reconstruction of rural land trust from the following aspects: the legitimacy of the rural land trust,the essence of the rural land trust,the coordination and configuration of the institution.Under division of three rights,the land management right is trust property.The existing theoretical framework of rural land trust is not under the rural financial system research so that rural land trust lack of vitality.The development of our rural land trust practice is not deep going because of that the function of land trust not to be able to give full play to.The first,the issue of land trust products is the key to activate land financial attributes.The design of structured trust products should meet the demand of the interests of all parties,have the feasibility and operability and effectively prevent the management risk of land trust products.The second,the free circulation of Beneficiary certificate of land trust is the way to maximizing the land value.Exploring the right essence,interpreting of theoretical basis,designing system conditions,solving the conflict of laws is the problem that must be solved.The third,the establishment of the land trust bank is the future development direction of rural land trust institution.We should explore the institutional space of land assets securitization on this basis.On the basis of the legitimacy of the rural land trust,this paper presents that we should lay emphasis on activating the financial feature of rural land trust and build market-oriented institution of rural land trust.Rural land trust shall establish market-oriented land trust system.Market-oriented land trust system means that land rights smoothly into trust products,trust products flow to the financial elements and financial elements involved in the agricultural management and modernization on the premise of land ownership remains the same.Knowledge to the countryside,financial to the countryside and farmer's liberation is the essence of rural land trust.The land trust institution which cannot achieve the above purpose cannot solve the problem effectively of rural land innovation and flow.Rural land trust shall pay close attention to fully stimulating land financial attributes and give full play to the unique features and advantages of trust system.Beyond that,it also should guard against agricultural risk effectively and guarantee trust fund pool use the risk aversion function of insurance system.Risk isolation function of trust system can achieve the target of guarding against agricultural management risk effectively.The meaning of rural land trust is that it can meet the farmers' interests,crack the problem of rural land reform and circulation,provides a new business breakthrough for trust industry,impetus for the country's urbanization strategy and implement scale,intensive and modern agriculture.Beyond that,we should also concentrate on the farmers' rights protection of rural land trust so that realize the legal mechanism design of guaranteeing every participant in rural land trust.To be sure,this article want toinspire land financial attributes adequately and legalization expression mechanism and legal protection system of rural land trust.In that way,we try to establish solid legitimate foundation of rural land trust and drive the implementation of system of rural land trust within the scope of the limited capacity.