Research On Trust Of Rural Land Management Right

At present,our country carries out the policy of three rights division,land ownership,contract right and management right are divided,and with the revision of the Rural Land Contract Law of the People's Republic of China in 2018,the land management right is clearly a separate and transferable right in law,which provides policy and legal guarantee for the trust transfer of rural land management right in our country.However,rural land trust in China is still facing theoretical and practical difficulties,and the legal rules still need to be further refined and perfected.This paper discusses the legal relationship of rural land management rights trust,the empirical research of Menglou Town,Dengzhou City,Henan Province,the legal rules and development suggestions.The first part:Analyze the legal relationship of rural land trust.In the aspect of trust property,it is clear that trust property is the legal rule of land management right and management right which can set mortgage;in the aspect of proper subject,it is clear that both trustor and beneficiary are farmers,Both government-led trust companies and commercial trust companies can serve as trustees.Determining that the trustor has the right to know,the right of adjustment,the right of revocation,the right of claim,the right to discharge and the right to rescind the trust.It also has the obligation to transfer the right to manage the land and pay remuneration.The trustee shall have the right of operation and management,the right to claim remuneration and the right to resign.At the same time,there are obligations of faithful management,personal management and careful management.The beneficiary shall have the same rights as the trustor and shall not be liable.The purpose of the analysis is to clarify the legal structure of farmland trust in theory and provide a theoretical basis for the improvement of legal rules and development suggestions in the later stage.The second part:An empirical analysis of the rural land management right trust in Menglou Town,Dengzhou City,Henan Province.Through the investigation of farmers,development company,operators and other aspects of the current situation to draw conclusions.Attention should be paid to the exceptional circumstances when individuals are the subject of landmanagement.It is found that there are five important problems faced by rural land trust at present: farmers' income model is not perfect,it is still unclear whether the trust needs to be filed or registered,there are loopholes in individual as the subject of landmanagement,lack of supervision and risk prevention measures,it is necessary to guard against the trend of non-agricultural and non-grain conversion of rural land trust.The main purpose of the analysis is to find out the important problems in practice and make the proposed legal rules and suggestions more targeted.The third part:In view of the shortcomings and problems in the theory and practice of rural land trust,at present,it is necessary to improve the legal rules of farmland trust,including all aspects of trust property,subject,rights and obligations,individual business entity,to clarify the launch of the trust filing system and gradually explore the trust registration system.We must strengthen supervision and refine the supervision content,clear the specific connotation of qualification examination and project examination,and set up villagers' committee as the supervisor of rural land trust,finally improve the regulatory system.Furthermore,It is necessary to explore a more reasonable mode of farmers' income,let farmers obtain reasonable income from it,also explore the risk prevention system of rural land trust,reduce the risk of agricultural management through commercial agricultural insurance,cost support and so on,promote the normal and efficient transfer of rural land trust.