Study On The Legal Issues Of Rural Land Management Right Trust Under "Separation Of Three Rights"

Land is the material space carrier of human life,and it is also one of the most important and basic production factors in the development of all kinds of economic activities.Rural land is the key element to implement the rural revitalization strategy,and promoting the orderly transfer of agricultural land is an important measure to optimize the allocation of rural resources and upgrade the industrial structure.As the voice of separation of the three rights became increasingly fierce,more and more rural labor force is transferred to cities,and the phenomenon of idle and barren rural land is serious.China’s agricultural development model is relatively backward,and the limitations of the land transfer system under the household contract responsibility system are increasingly obvious.The traditional land transfer model has been unable to meet the needs of the market economy in the new era.Therefore,the central government issued the policy of "separation of the three rights" of agricultural land in 2014 to advocate freeing up management rights.As the voice of separation of the three rights became increasingly fierce,the Civil Code issued in 2020 made clear provisions on land management rights,and thus the policy of separation of the three rights was responded by law.In recent years,with the development of rural revitalization,as a flexible financial derivative instrument,plays an important role in property gain.The development of rural land management right trust practice provides a new path for the transfer of farmland,and also provides innovative ideas for the solution of China’s three rural issues in the new era,and injects vitality into the development of social economy.In practice in our country pilot appeared in a series of land trust,but because our country at this stage there is no clear rules about farmland transfer management of trust,a lot of system design is still in testing and trying stage,corresponding measures and the system has yet to follow up,resulting in the trust registration,such as farmers rights and interests safeguard specific operation is to be in the embarrassing situation.In addition,although the Civil Code clearly defines the nature of land management rights,the trust has not been included in the legal transfer mode.Therefore,the trust system of land management rights still needs to be improved at the legal and theoretical level.The issue of farmland is closely related to the development of farmers,countryside and agriculture farmland management right trust.This paper is mainly carried out from the following four aspects: First,it analyzes the concept of "separation of three rights" policy and the trust system of land management right,clarifies the legal relationship in the trust of land management right,and summarizes the legal system of China’s farmland trust before and after the separation of three rights was put forward.Secondly,it compares and analyzes four typical patterns in the practice of rural land trust transfer in China.Thirdly,the main problems existing in the trust system of land management rights are summarized,including the incomplete trust registration system,the poor connection of relevant laws,the unclear role of the government,the lack of protection mechanism for farmers’ rights,the lack of supporting market facilities in the operation,risk prevention and the imperfect supervision system.Finally,in view of the above problems,from two aspects of legislation and practice,we try to seek the optimization scheme of the construction of rural land management right trust system.Under the strategic deployment of rural revitalization,it is hoped that the discussion in this paper will provide reference for the construction and implementation of the trust system of farmland management right at the legislative and practical levels.