Research On The Legal System Of The Rural Land Contractual Management Right Collective Trust

The rural land contractual management right collective trust is a system innovation closely related to the vital interests of farmers.Under the background of China's economic growth and urbanization,the orderly transfer of rural land can effectively improve the utilization rate of idle land.But the overall scale of farmland transfer is small.In addition,the traditional ideas can't meet the different needs of the practice and can't achieve the maximization of farmers' income and the scale operation of farmland.On the basis of the special structure of "trust",it also has the property of "collection".The land contractual management right collective trust's aim is to play the value of the farm land,protect farmers'land rights and realize the large-scale management of farmland.The rural land contractual management right collective trust can refer to the collection of funds trust,its establishment and effectiveness should be more stringent than the general trust.The subject of legal relationship is more simplified than the general trust,mainly including farmers and trust company.Farmers have the rights and obligations of the principal and the beneficiary.The trust company shall comply with the relevant qualifications and bear strict legal obligations.The rural land contract management right is the object source of the rural land contractual management right collective trust.It has both independence and policy.China's first rural land contract management rights trust scheme "CITIC.Rural land contractual management rights trust plan 1301"was established in Suzhou,Anhui.The plan reflects the difference between the collective trust and individual trust.Firstly,in the collective trust,the principal is a multi household.Secondly,farmers are both the principal and the beneficiary.Thirdly,the trust company shall conduct unified management of the trust property.This plan not only increases the income of farmers land,but also solves the problem of land management,and promotes the development of rural land scale management and modern agriculture.However,due to the lack of specific laws and regulations and restrictions on the transfer of rural land law,there are still many problems in rural land contractual management right trust.Firstly,the farm land is not accurate which increases the risk of invalid collection trust.Secondly,farmland non grain production and management.Thirdly,the legal status of the client is vague and the individual and the collective rights can not be guaranteed.Finally,the trustee's obligation is not in place.This paper puts forward the following legal suggestions.Firstly,it's necessery to make clear that it is the legal transfer path.Secondly,we should adhere to the principle of voluntariness and the guiding principle of interests,fully respect the autonomy between farmers and trust,reduce government intervention.And we can increase attractiveness through preferential agricultural policies.Thirdly,we should improve the relevant substantive law and procedural law,clear subjects and their rights and obligations.In addition,we should design a scientific operating program and strictly define the civil liability cognizance and the way of bearing.Finally,we should further improve the supervision mechanism from inside and outside to standardize the behavior of the trustee and ensure farmers' interests.