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Research On The Trust Model Of The Transfer Of Rural Land Management Rights

Posted on:2019-07-30Degree:MasterType:Thesis
Country:ChinaCandidate:H J TianFull Text:PDF
GTID:2359330545975113Subject:Public Administration
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China is an agricultural superpower.Continuously improving the efficiency of rural land use and building a clustered,large-scale,science-technology modernized agriculture is the key to solving the problem of "agricultural farmers in rural areas" by the Party Central Committee and the State Council.Since the rural land contract responsibility system was implemented in 1979,the means of rural land circulation has been relatively single and the scale of circulation has been relatively small.Especially in the developed eastern regions,with the accelerating process of urbanization,strong labor force left the rural areas to enter the cities to work and find employment.The agricultural income is no longer the main income of the villagers,and the right to operate the rural land is difficult to obtain from bank and other financial institutions.Gains,uncultivated agricultural land,and land abandonment are more serious.Farmers are unable to make profits on abandoned land,and they are unable to achieve agricultural reforms of clustering,large-scale,and modern science and technology.How to innovate the circulation mode of rural land has become a key issue in the reform of agriculture,rural areas and farmers.Applying the trust business model to the transfer of rural land management rights is a breakthrough innovation.The rural land transfer right transfer trust("local government + business trust" model)is based on the premise of three changes.First,ownership remains unchanged;second,contracting rights remain unchanged;third,the nature of land use remains unchanged,that is,it remains collective.All of them are used by farmers for agricultural purposes.The contractor of the land,that is,the farmer,trusts the land management right to the local government for centralized circulation based on trust,in order to obtain more revenues.At this time,the local government and the farmers form an agent,and the local government trusts the land after trust according to the credit.People are business trust companies,at this time the business trust company and the local government form a second-level agent,to a certain extent,to achieve more efficient use of land resources.The generation and development of rural land transfer right trusts are based on the free transfer of important land management rights.The mode of circulation of rural land management right trusts is in line with the provisions of the "Trust Law," and it is a land trust model in which "local governments act as trust agents + business trust companies as trustees." The rural land transfer right transfer trust("local government + business trust" model)is a new type of land transfer that participates in the transfer of rural land.On the one hand,the local government entrusts the trust company with the concentration of peasant land management rights,and on the other hand,it is a trust.The company issued funds to raise trust projects.Through market financing to pay for the land leveling and development process,the local government will focus on the farmer's land management right,and use the ability of the commercial trust company to integrate the two land and capital resources to promote the orderly operation of rural land contracting rights.Regulation circulation.At present,the rural land transfer rights trust mechanism("local government +commercial trust" model)mainly includes Heilongjiang Longdong(COFCO Trust 2010)and Anhui Suzhou(CITIC Trust,October 2013).This project is strictly the first in China.Rural Land Transfer Rights Transfer Trust,Jiangsu Wuxi(Beijing Trust,November 2013),Jiangsu Jurong(Beijing Trust,November 2013),Anhui Maanshan(CITIC Trust,February 2014),and other practical cases,but rural land in China The trust mechanism for the transfer of management rights is very imperfect,and there are many deficiencies.Analysing domestic "Suzhou Government + Anhui CITIC Trust","Jiangsu Wuxi Government + Beijing Trust","Heilongjiang Longdong Government +COFCO Trust" to carry out transfer of land management rights trust Through comprehensive evaluation of the trust mechanism for transfer of land management rights,we have found out the inadequacies of the mechanism and improved the corresponding financial system,government functions,and property rights system.Trust is a successful mode of operation that is widely recognized and applied internationally and is relatively mature.The efficient land use of developed countries such as Britain,the United States,Japan,and the United States is due to the rational use of land trust transfers,and to a large extent the income of farmers.This paper attempts to gradually improve the trust transfer mechanism of land management rights in China by referring to land trust transfer models in countries such as the United Kingdom,Japan,and Japan.This topic has four aspects of research significance.First,based on the reality of China's rural development,it analyzes the advantages and disadvantages of land transfer since China implemented rural land contract responsibility system in 1979,focusing on the analysis of China's transfer of rural land through trust.The status quo of the contractual management rights mechanism found that it has an empirical value that can be promoted;second,it focuses on the analysis of the policy basis and legal basis of the trust mechanism for the transfer of management rights over agricultural land,and analyzes the parties' legal rights and obligations,and analyzes the operating mechanism;Analyze domestic and international land transfer trust mechanisms,and combine domestic practice cases such as "Suzhou Government of Anhui + CITIC Trust",'Jiangxi Wuxi Government + Beijing Trust","Heilongjiang Longdong Government + COFCO Trust" and other practical cases to explore the use of financial tools to promote rural land management.The circulation of rights is effectively and orderly,effectively curbing rural land reclamation,ensuring the effective use of land resources,promoting agricultural production,and increasing farmers' income.Fourth,discovering the problems existing in the business trust mechanism of rural land management rights,focusing on the possible sources of risks,and proposing Improve supporting legal requirements,play a market competition mechanism,improve intermediary service capabilities,form a monitoring system and other solutions.The research methods of this paper mainly include literature research method,case analysis method,qualitative analysis method and induction summarization method.Looking through a large number of books related to the transfer of rural land management rights and business trust mechanisms,we have reviewed the existing theories and research through the literature review and made clear the research methods and framework ideas for this paper.Through the analysis of the successful experiences and failures of the three typical cases,combined with the guidance of theory,combined with the reality of China's rural land transfer rights business trust mechanism,put forward targeted countermeasures in order to build a market-oriented new type of land trust model with efficient operation of Chinese characteristics..The qualitative analysis of the pilot background,model flow,operation status and financial support of the mechanism will be carried out,summarizing the existing problems,the essential reasons,and related failure lessons and successful experiences of the transfer of rural land management right.
Keywords/Search Tags:transfer of land management rights, trust mechanism, "local government + business trust" model
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