Protection Of Farmers' Rights And Interests In The Land Trust

The form of trust transfer in China's land transfer is in the exploratory stage.The land trust practice aims to enhance the efficiency of rural land use,and the protection of farmers' rights and interests is weakened.The traditional land trust model is dominated by the government.The government faces accountability in the case of hindering land circulation and infringing the ownership of collective land,but it lacks legal constraints on the distribution justice of land transfer income.After the introduction of financial institutions in the land trust model,the land trust may become a financial institution's innovative business to bring benefits,and the law lacks regulations on protecting farmers' right to request reasonable market-based benefits from land trusts,and is constructed in practice.The structured collective property rights land trust completely excludes the farmers from the legal relationship of the trust,and the farmers cannot be protected according to the status of the beneficiary of the trust.At the same time,the "three powers split" policy was introduced into the law.Under the guidance of the policy of "release land management rights",the new "Rural Land Contract Law" gave farmers the freedom to fully transfer land management rights,and the land management rights were shaped to have The strong independence of the usufructuary right,the land transfer transferee's qualifications are relaxed,the land use efficiency is expected to be further improved,and the supporting rights protection is still mainly reflected in the maintenance of collective ownership,which intensifies the farmers' request to the trust institution.The difficulty of reasonable marketization benefits.The protection of farmers' rights and interests in the land trust model should rely on the obligation of faith,and the obligation of faith does not exist only in the trust law.The expansion of the Xinyi relationship makes the fact-based credit relationship in the professional service field can refer to the legal norms governing the behavioral regulation of the professional service provider.China's statute law is the main legal basis.It is necessary to transform the typical fact-based credit relationship into a form-based credit relationship.The relationship between farmers and trust companies and land-scale management service providers is typed and fixed by law.The practice is to establish the financial consumer identity of farmers in land trusts,and to protect farmers' right to request reasonable market-based income from land trusts through financial supervision.The above conclusions are based on the following: First,in China's legal practice,the obligation of faith has expanded into the field of financial supervision and has become an important basis for financial consumer protection.Second,defining the financial consumer identity of farmers in land trusts is conducive to reducing the cost of legal regulations,and can be applied to the overall process of land financialization.The normative principle is to determine the financial service providers and land according to the substantive risk structure of land trust business innovation.The obligation of the scale operation service provider makes the financial supervision closely follow the pace of land trust practice exploration.In the process of innovation and supervision game,it matches the supervision according to the actual risk and return situation,restrains the behavior of the government and financial institutions,and achieves the protection of farmers' rights and interests.the goal of.