Study On Trust Transfer Mechanism Of Rural Land Contract Management Right

The issue of agriculture,rural areas and farmers is a fundamental issue in contemporary Chinese society and is also a major issue faced by the Chinese government,among these,the circulation of land contractual management rights is undoubtedly a core issue.Local governments have also done a lot of exploration and practice on the transfer of rural land contractual management rights in the existing regulations on transfer methods,These forms of circulation have,to a certain extent,promoted the improvement of rural land use efficiency and the scale effect of agricultural land use.However,with the acceleration of the process of urbanization,the inadequacies of the current circulation model in the scale of land management,agricultural production improvement,farmers' income increase,and farmers' interest guarantees have begun to show.for this reason,In order to maximize the interests of farmers,Achieve more scientific and rational use and development of rural land,reach industrialization of agriculture and maximize the interests of farmers,It is imperative to innovate and reform rural land contractual management rights.The inherent function and value of the trust system in property management make it unique in the transfer of rural land contractual management rights,In the practice of land contractual management right transfer reform,Some regions in China have also begun to try to implement the trust model,but there have been many deviations from trust legal principles in institutional meanings,basic structures,and operational modalities,Not even a true trust.This article starts from the current status of the transfer of rural land contractual management rights in China,Combining the basic principles of trust law,Study on the Trust Transfer System of Land Contract Management Right from the Legal Perspective.The study of this paper is divided into four parts: The first part is to discuss the motives for the trust transfer of land contractual management rights,Analysis of the deficiencies in the transfer mode of existing rural land contractual management rights and the advantages of the use of the trust model in rural land contractual management.This demonstrates the necessity of implementing trust transfer in rural land contractual management rights in China.The second part is the practical exploration of trust transfer in rural land contractual management rights in China,Explained the legal basis for this practice,introduced the typical model of practice exploration in various places,and analyzed the legal issues in various practice modes;The third part discusses the main constituents of trust transfer in rural land contractual management rights,defining the qualifications of the trustee,trustee and beneficiary in trust transfer,at the same time,it clearly clarified the rights and obligations of related parties;The fourth section defines the trust property in trust transfer of rural land contractual management rights,demonstrated feasibility of rural land contracted management right as trust property,The fifth section puts forward suggestions for improving the trust transfer mechanism of rural land contractual management rights,including the establishment of a sound supervision mechanism,the establishment of farmland trust service agencies,and the proposed amendments to the "Rural Land Contracting Business Law".