Study On The Difficulties And Countermeasures Of Rural Land Management Right Trust Under The "Three-Power Separation"

The increasingly widespread rural land transfer has brought about the “separation of people and land”.Under the “separation of the two powers”,the system of rural land contractual management rights has been unable to meet the needs of moderately large-scale operation of agricultural land.In 2014,the No.1 Document of the Central Government first proposed “three-power separation” in the policy document.The Law on Rural Land Contracting of the People's Republic of China(hereinafter referred to as the “Rural Land Contract Law”),which was newly implemented on January 1,2019,also affirm the policy of “three-power separation” in legal form.The rural land management rights trust is a new type of rural land transfer method that combines the trust system and rural land under the background of “three-power separation”,and the land management right is used as trust property,attracting new agricultural management entities involved in the agricultural sector to carry out moderately large-scale operations.However,in view of the current limited development of rural land trust practices,insufficient supply of rural land management rights trust system,low participation of trust parties,unclear government and market boundaries,and conflicts in rural land functions,the land management rights trust faces many difficulties under “three-power separation”.Therefore,accelerating the improvement of the relevant system of rural land management rights trust under the "three-power separation" is of far-reaching significance for promoting the orderly and smooth advancement of rural land management rights trusts.This paper analyzes the theory of rural land management rights trust under the "three-power separation",and on the basis of clarifying the connotation of "three-power separation" and the rural land management rights trust,analyze the necessity and feasibility implementing the rural land management rights trust under the "three-power separation".And then inspections the typical model of the rural land trust practice under the "two-power separation" and points out the related problems in the practice in China.Finally,on the basis of analyzing the related dilemmas faced by the rural land management rights trust under the "three-power separation",the corresponding solutions are proposed.In addition to the "introduction" and "conclusion",this article is divided into four parts.Introduction: The background of the rural land management rights trust under the "three-power separation" and the theoretical and practical significance of the research are discussed,and expound the relevant research situation at home and abroad.The first part: Theoretically explains the rural land management rights trust under the "three-power separation",mainly discusses the connotation of "three-power separation" and the rural land management rights trust under the "three-power separation".From the two aspects of real needs and advantages,analyze the necessity of the rural land management rights trust under the "three-power separation".From the feasibility of the trust as a means of transferring rural land and the feasibility of land management rights as trust property,expound the feasibility of the rural land management rights trust under the "three-power separation".The second part: Select Hunan Yiyang,Anhui Suzhou,Beijing Miyun,the rural land trust practice in the above three places is inspected from the five aspects of the background,basic operation process,trust subjects,trust income distribution method and related supporting measures of the rural land trust,and on this basis,the problems existing in the practice of the rural land trust in China are pointed out.The third part: Mainly from the four aspects of the rural land management rights trust under the "three-power separation" related system supply shortage,the parties involved in the enthusiasm is not high,the government and market boundaries are unclear and the rural land has functional conflicts analyze the dilemma faced by the rural land management rights trust.The fourth part: Based on the dilemma faced by the rural land management rights trust under the "three-power separation",it proposes to increase the supply of rural land management rights trust related systems,strengthen the rural land management rights trust related subject incentives,and correctly handle the rural land management rights trust in the government and market relations,seeking a balance between rural land social security functions and economic functions.Conclusion: A brief summary of the writing of this article.