Research On The Legal Issues Of Rural Land Trust

The trust originated from UK and has a special historical relationship with the land.Today,land trusts also play a unique role in the rational allocation of land resources and the promotion of large-scale agricultural development.Solving the"Three Rural Issues" is an important challenge that China has always faced,and the land is closely related to the "Three Rural Issues".For a long time,the circulation of rural land in China has been restricted by laws and related policies,and the overall circulation is small.Rural land trust is a new model for introducing trust into rural land circulation.The practice in many areas of China has proved it can promote the large-scale circulation of rural land in China,and increase the income of farmers while transferring,and promote the upgrading of Chinese agriculture from small-scale production to large-scale industrial production,providing a new and efficient way for China to deal with the "Three Rural Issues".However,the Anglo-American law trust is based on the dual ownership system,and the development of the trust in China will be difficult because of the system of single ownership.Rural land trust is a "imported goods" in the legal system in China.There are also many problems.This paper aims to analyze the three legal issues that must be solved in the practice of rural land trust in China through the methods of literature research,empirical research and comparative analysis,and offers relevant and targeted suggestions.The article analyzes and studies the rural land trust in China in six chapters.The first chapter is the introduction,which is mainly introduced from the background of the topic selection,literature review,research methods and innovations.The second chapter is about the summarization of land trust.From the concept of land trust,the history of land trust,to the development of land trust in various countries of the world to introduce the general situation of the United States,Japan and Taiwan,and finally the practice of rural land trust in various regions of China.The third chapter summarizes,evaluates and compares the four representative practice models that have been implemented in China.And it also interpreted the functions of rural land trusts in China that land trust helps to alleviate the problem of land abandonment,promote agricultural scale operation and increase farmers,income.The fourth chapter analyzes the legal composition of rural land trust from the perspective of trust law.It should be composed of trust property,trustor,trustee and beneficiary.The elements are composed and legally defined.The fifth chapter is a summary and analysis of the legal problems arising in the current rural land trust practice in China.This paper argues that due to the lack of relevant laws and regulations in the practice,the government's legal status is not clear,which will lead to damage to farmers' interests and lack of supervision.In addition,there are many problems need to be resolved such as the risks in the models and the lack of land trust registration.Combined with Chinese national conditions and the experience of extraterritorial use,this paper offers relevant and targeted suggestions the problems such as to amend the?Trust Law?and relative laws and to avoid the land trust operation risk.Finally,the sixth chapter is the conclusion of this paper,rural land trust is still in the process of exploration in China,whether it can be widely promoted in China,still need to be proved by the time and the results of the practice.