Research On Legal Issues Of Land Management Right Trust

Land is the foundation of a country and the basis for the survival of the vast number of peasants.It is also a key factor affecting economic development.Since the implementation of the household contract responsibility system in China,the rural economy has developed steadily and the living standards of the peasants have improved.With the development of China’s market economy,the new generation of peasants have flocked to the cities,and the use of agricultural land has expanded toward intensification.The existing land transfer system has been unable to meet the needs of social development.Therefore,in 2014,the central government introduced the “three-power split” policy for agricultural land,and added land management rights on the basis of the original land property rights.With the call for the separation of the three powers,the new one became effective on January 1,2019.The Law on Rural Land Contracting clearly stipulates the content of land management rights.So far,the policy of separation of powers has been legally responded.In recent years,with the development of China’s economy,trust,as a flexible financial derivative,has played an increasingly important role in property gain.Based on the advantages of trust,how to combine trust with China’s land system in the context of the separation of powers has become a key step in revitalizing rural land.Therefore,a series of land trust practices have emerged in practice.However,due to the current laws of China for agricultural land trusts,only the principled provisions in the Rural Land Contract Law and the Trust Law have resulted in the registration of trusts and the protection of farmers ’ rights.Can not be relied on in terms of specific operations.In addition,although the new land contracting law clarifies the content of land management rights,it does not clarify its nature,and it does not explicitly define the trust as a legal transfer method.Therefore,the land management right trust system still needs to be improved at the legal and theoretical levels.This paper mainly starts from the following four aspects: Firstly,it mainly introduces the overview of the land management right trust system,and defines the legal relationship involved in the land contractual management trust from the connotation and characteristics of the land management right trust system,and summarizes the land in China.The development and evolution of the managementtrust.Secondly,it summarizes the main problems in the land management trust system,including the unclear role of the trust participant.The outstanding performance is the trustee’s qualification and nature,the government’s role is misplaced,the beneficiary’s rights are damaged,and the trust property object land.The nature of the management right is unclear,the trust registration is incomplete,and there are problems such as lack of legislative guarantees,risk prevention and inadequate supervision measures in the process of system operation.Thirdly,introduce the foreign land trust system,draw useful experience,and analyze the reasons for problems in the country.Finally,analyze the problems that arise in the system construction,and explain the countermeasures and suggestions for these problems.In the wave of rural revitalization strategy,I hope that through the discussion of this article,it will provide reference for the construction of land management trust system at the legislative level,and provide theoretical support for the implementation of the system at the practical level,so as to smoothly realize rural revitalization and further revitalize the land.