Trust Of Land Contracted Management Right

With the rapid development of China's modernization,farmers need to increase their income and agriculture needs to change their development mode.The hidden value of rural land attracts more and more new business entities into the countryside.The mode of development of agriculture must be close to other countries' intensive and modernized mode,so as to have a strong competitiveness in the competition.It is obviously difficult to meet the requirements of the mode of individual operation of farmers,and the inflow of new business entities can solve this dilemma.At the same time,the goal of agricultural development is to seek more benefits for farmers in addition to promoting economic development.To establish management rights for the trustee that is the new business entity through the trust.The client still reserves the right to the contract,so as to realize that the farmer does not have to be engaged in agricultural production,and the agricultural production is not necessarily the farmer,but at the same time,the farmer can gain the benefit from the operation of the new business entity.In this paper,the reality of the land flow has to be integrated with the basic principle of the trust,which is divided into the following four parts.The first part introduces the basic theory of the separation of the three types of rights.Since 2013,the document of the central committee of the communist party of China and the state council on accelerating the development of modern agriculture to further enhance the vitality of rural development(i.e.No.1 of the central document of 2013)released,for several years the central issued the first documents are all related to agriculture,it serves to show the importance of agriculture.The three-power separation policy proposed by the central government satisfies the need to increase the income of farmers under the premise of guaranteeing rights,and it can also realize the goal of new business entities to flow into the countryside and drive the development of agriculture.The second part mainly analyzes the preliminary exploration and reasons of the trust of land contracted management right.By analyzing the deficiencies of the existing circulation patterns and the inherent advantages of the trust,it is a useful and innovative way to introduce the trust system into the circulation of land contracted management right outside the established path.At the same time,various early exploration practices have been carried out in various regions,which also provide practical support for the later analysis on how to introduce the trust.The third part mainly analyzes the composition of the trust of land contracted management right.In the case of the subject,the trustor should be the peasant household or the collective economic organization entrusted by the peasant household.Professional trust companies as trustees are the best choice.In order to protect the interests of the trustor,in fact,ultimately,it is to protect the interests of the farmers who have the right to contract the land,and when the farmer is the trustor,it is appropriate to set up the self-beneficial trust,and when the collective economic organization is the trustor,it is appropriate to set the farmer to the beneficiary.From the object,the land management right is the trust property of the trust of the land contracted management right.From the content,the rights and obligations of each party are analyzed according to the characteristics of the transfer of land contracted management right.The fourth part mainly analyzes the operation mechanism of the trust system of land contracted management right.It discuss how to realize the three-power separation and how to raise the three-power separation to the legal level.The trust of the land contracted management right should take the form of the doctrine,and the establishment and entry into force of the trust documents shall be in effect on the establishment and entry into force of the trust of land contracted management right.The essence of the trust is to transfer the trust property to the trustee.Since there is a change in the real right of the real estate,the registration of the trust of land contracted management right should adopt the registration of entry into force,and it is not appropriate to adopt registration antagonism.In addition,in the case of registration,not only the trust shall be registered for such a legal relationship,but also the trust property to be registered in order to clearly define the ownership of the rights.In accordance with the provisions of the law or when the trust documents have expressly agreed upon,the measures for the management of the trust property and other items can be altered or terminated.