Research On The Trust System Of Rural Land Management Right

In the past four decades,the rapid development of China's market economy has broken the shackle of the traditional planned economy and exerted a profound impact on the rural society.It has created new employment opportunities and environment for a large number of rural labor,and also promoted a new way of rural land contract and transfer--trust.Rural land trust is to the subcontract,lease,exchange,transfer and so on,has the certain innovation and the practicability,advocate allowing flexibility under the policy of the land circulation in the country,China's rural land trust through ten years of practice,has played a unique system advantages,to a certain extent,improve the land intensive and scale of production and business operation problem,brought benefits for farmers,to activate the marketization and capitalization of rural land has carried on the preliminary attempt.Visible rural land trust has achieved gratifying achievements,but need to experience a long process of establishment and improvement of the system,the management of rural land trust is not exceptional also,there are many in both theory and practice,the lack of concern for the theory and practice for a long time,especially the 2018 revised " the rural land contract law of the People's Republic of China " in the appropriate absorption separation division theory,on the basis of to design some new rights in the rural land,rural land trust more become one of the topics of academic circles over concern.The author takes several local practice models with characteristics in the trust of rural land management right in China as the analysis object,and summarizes the multiple legal problems in the practice of rural land management right trust in China in recent years,including: unclear legislation,lack of cohesion of supporting laws and regulations;It is not clear about the construction of the legal relationship involving the trust subject and object.The rights and interests of farmers lack legal protection;The imperfection of the legal supporting systems such as trust registration and guarantee mechanism has hindered the construction of rural land trust system,and the optimization of its survival path has been severely tested.Due to the lack of theoretical research,the inconsistency between policy guidance and legal norms,and the special nature of rural land,the trust of rural land management right has been facing the aforementioned dilemma for a long time.Therefore,the author tries to explore the innovation and improvement of rural land management right trust in China from a multi-dimensional perspective by integrating the typical land trust model outside China.In terms of perfecting the legal regulation of land trust,it is suggested to introduce the departmental regulations of land trust,and to enhance the cohesion and applicability of the supporting legal system by revising " Trust law of the People's Republic of China " and other laws and regulations.In terms of clarifying the legal relationship of land trust,it is necessary to restrict and clarify the relevant subject qualifications and object objects.In terms of strengthening the legal protection of land management trust,it is necessary to improve the corresponding legal supervision service platform and legal dispute resolution mechanism.In terms of perfecting the supporting legal safeguard measures,we should improve the trust registration system and perfect the risk defense and incentive guarantee mechanism of the trust institutions.By exploring the organic logic of rural land management right trust in the law of the development of socialist market economy with Chinese characteristics,we find an appropriate reform path and a proper legal guarantee for the long-term development of rural land management right trust in China.