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Research On The Legal Issues Of Rural Land Management Rights Trust In My Country

Posted on:2020-05-16Degree:MasterType:Thesis
Country:ChinaCandidate:S L FangFull Text:PDF
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At present,China's rural areas implement the collective ownership of rural land,and the ownership of land is separated from the right of land management.The ownership of rural land belongs to the collective,and farmers only enjoy the right of land management,which is consistent with the institutional arrangement of the separation of trust property and trust income in the trust system.At present,China has the practice of land trust system,in which the trustor transfers his land contracting and management right to the trustee,and the trustee manages the farmland for the purpose of realizing the specific trust purpose,and pays the trust proceeds to the beneficiary.This not only does not violate the collective land ownership,but also conforms to the existing legal provisions on farmland transfer,realizing the innovative development in the field of farmland transfer.Although the land trust system has its great advantages to meet the needs of the development of China's land system,there are still many problems in China's current practice.The support of laws and regulations is the key to the development of land trust system.This paper mainly discusses from the legal perspective of land trust,including three parts:The first part is an overview of rural land trust system.Firstly,it mainly introduces the concept,types and characteristics of land management trust.Secondly,it introduces the relevant theories of land management trust at present.Finally,it points out the necessity of developing the land management trust system and the significance of implementing the land management trust system in China.The second part mainly explains the various legal problems that China faces in the practice of land management trust system.It mainly discusses the subject qualification of land management trust,the registration of land trust,and the role positioning and supervision of grassroots government in the practice of land trust.The third part mainly puts forward some Suggestions and countermeasures to improve the land trust system in China.We will improve the market access mechanism for rural land trust,improve the registration system for rural land trust,establish a multi-level supervision mechanism for rural land trust,and strengthen the role of the government in promoting and guiding rural land trust,so as to protect farmers' interests and improve the efficiency of rural land use.
Keywords/Search Tags:Trust, Rural land management right trust system, Rural land circulation, Land contractual management right
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