Research On The Legal Issues Of Rural Land Management Right Trust

The new rural land contract law established the land management right circulation system,and trust is an important mode of circulation.In recent years,the use of trust in the background of "separation of three rights" has become an important link to increase the vitality of rural land.Therefore,there are a lot of land trust practices in reality.However,in the rural land trust in China,only the rural land contract law and trust law have made some principled provisions,make in the process of rural land trust subject qualification,the land management of the trust registration,safeguard the rights and interests of farmers,etc,there are still many problems.In addition,although the new rural land contract law confirms the content of land management right,it does not determine its nature,and currently there is no special legislation on land management right trust,so it is necessary to improve the trust system of rural land management right.This paper studies the national and local regulations and local practices on rural land management right trust and considers that the land management right can be used as the object of trust,however,there are still some deficiencies in the trust registration system and the protection of farmers’ rights and interests.Therefore,the following research shows that the farmers should be the trustor,the land share cooperative can be the trustor after being recognized by law,and the government should perform the responsibility of supervision and service in the trust process.The trustee may be a professional trust company but the selection criteria should be improved and its obligations and responsibilities should be clarified,in addition,a natural person may also act as trustee in a civil trust.As for the protection of farmers’ rights and interests in the process of land trust,it is suggested to make clear that farmers are the ultimate beneficiaries,make clear the content of income distribution in the trust contract,improve the trustee’s obligation in the trust law and establish the disclosure mechanism of land trust information.Finally,in the construction of the trust registration system,the main body of the trust registration should be made clear and the land management right trust should be recognized as the establishment registration effect.It is hoped that the study of this paper can provide some reference opinions for the establishment of the trust system of land management right in legislation,and provide theoretical basis in practice.It is hoped that the plan of revitalizing the countryside can be carried out smoothly and the land is full of vitality.