Study On The Legal Problems Of Rural Land Contract Management Right Trust

Rural land transfer is a key issue concerning the life security of rural residents in China,which plays a vital role in the modernization of agriculture and the improvement of farmers' living standards.With the continuous progress of urbanization and the decrease of land income year by year,a large number of farmers choose to work in cities and give up rural land on a large scale.In introducing the land trust model into the land transfer system in China,pilot work was carried out in individual areas.Whether the land trust model can be used for land transfer in a wider scope on the basis of giving full play to the advantages of trust is worth further discussion.This paper mainly through the analysis of the connotation and essence of land contractual management rights and combined with several typical land trust modes,puts forward reasonable suggestions for the problems in reality.It can be divided into the following parts:The first part mainly focuses on the analysis of the theory of land contractual management trust,clarifies the connotation of rural land contractual management trust and related theoretical basis,and on this basis,clarifies the positive significance of the trust system for land transfer.The second part is a comprehensive comparative analysis of the pilot models in some areas in practice.It is divided into the Shaoxing model in Zhejiang Province under the government agency,the Yiyang model in Hunan Province and the COFCO trust model with the participation of commercial trust companies,the CITIC trust model and the Beijing trust model.The development track of the practice of land contractual management right is revealed from the macro level,and the problems arising from the practice are commented from the micro level.The third part combs the problems existing in the practice of land trust.It mainly includes the imperfection of trust registration system,the need to improve trust supervision mechanism and the establishment of trust guarantee and incentive mechanism,etc.It makes a multi-angle analysis to understand the causes of the problems and find solutions to them.The fourth part mainly focuses on the legal issues of the above-mentioned land trust.The corresponding countermeasures and suggestions are put forward,mainly from the following aspects: clarifying the legal registration applicants,perfecting the trust registration system,sharing the responsibility of trust supervision,introducing the supervisor system,establishingthe tax preferential system and related government financial subsidies,and sharing and preventing mechanism of trust risk,and putting forward corresponding suggestions to solve the existing problems.Through the above process,this paper studies the trust mode of land contractual management rights,and on the basis of the achievements of other scholars,carries out a certain degree of innovation.Through the overall and comprehensive analysis of the existing patterns in the whole agricultural environment,specific problems are put forward according to the specific situation in practice,and corresponding rationalization suggestions are put forward.