Research On The Legal Issues Of Rural Land Trust In China Under The "Separation Of Three Powers"

The foundation of the people’s livelihood is tied to the land.Land is the material for human survival and development,an important resource for the development of modern agriculture,and the foundation for safeguarding national food security.With the increasing traction of urbanization development,the young and middle-aged labor force in rural areas is gradually shifting towards urban areas.The actual agricultural production is mainly for rural left-behind women and the elderly.This group is difficult to bear the main agricultural production.jobs.The traditional extensive small-scale agricultural production cannot meet the needs of large-scale agricultural operation in the new era,and the benefits it has obtained cannot meet the development needs of farmers better,so that farmers lose their enthusiasm for rural construction and agricultural production.Therefore,the state has made reforms and adjustments on the basis of “establishing the transfer mechanism of land contractual management rights” in a timely manner,and proposed a new idea of “three powers separation” that insists on ownership,stable contracting rights,and releasing management rights.Rural land trust is an important institutional innovation that develops modern agriculture and empowers farmers with more property rights.Under the background of “separation of three powers”,land contracting rights and management rights are independent of each other.Among them,the management rights can be freely transferred as trust assets,and then become the legal carrier of farmland trust circulation;the specialized agricultural management entities rely on stable The farmland trust relationship is involved in agricultural production,which brings great impetus to the scale and intensive operation of modern agriculture.Under the requirements of agricultural modernization,rural land trusts gradually shift from macro policy objectives to micro-peasant personal development demands;The land trust relationship organically combines farmers,governments,trust institutions,and business entities to ensure the maximum realization of land rights during the transfer of various entities.First of all,this study takes the theory of “three rights division” of agricultural land as the foothold,and comprehensively applies a variety of research and analysis methods,through the combing of the basic theory of rural land trust in the context of “three powers separation”,from the main circulation The type begins,and analyzes the unique characteristics and value functions of the agricultural land trust.Secondly,by observing the overall development of the current agricultural land trust in China,it finds,sorts out and summarizes the typical practice modes of the existing agricultural land trust in China.On the basis of mastering the practice dynamics of domestic farmland trusts,explore the main factors affecting the transfer of farmland trusts,and combine the main legal issues existing in the current farmland trusts to explore the underlying causes of these legal problems;again,through the United States and Japan.And the legal environment and operation mode of agricultural land trusts in France,etc.,and summed up the current experience of reference to the transfer of farmland trusts in China,to determine the land property rights,introduce scientific and technological elements,lead scale operations,and formulate land protection laws.Reference direction.Finally,in order to give full play to the important role of agricultural land trust in land transfer,the author determines the basic principles of farmland trust transfer in the new era from the perspective of coordination of practice,policy and law,and proposes a specific legal system to improve the transfer of farmland trusts.And the guarantee measures for the operation of the farmland trust transfer system;combined with the future development trend of the domestic farmland trust,the idea of creating a farmland trust bank that meets the goal of building a new socialist countryside is proposed to promote the regulation and orderly transfer of rural land trusts.In short,the agricultural land trust under the "three powers separation" has played the role of the era of the trust system,and promoted the development of rural land finance in the continuous practice and exploration,aiming at fully protecting the farmers’ land rights and financial rights and helping farmers realize The sharing of land reform results ultimately promoted the overall realization of the rural revitalization strategy.