Research On Legal Issues Of Mixed Land Management Right Trust

As a large agricultural country,agricultural modernization and farmers' interests are the top priority in China's economic development.Traditional agricultural mode shows the characteristics of fragmentary and low efficiency,which hinders the progress of agricultural modernization in China.At the same time,there is a growing conflict between the low income of farmers and the growing demand for supplies.Since 2001,the theories of trust has been used to China's agricultural.The rural land management rights trust effectively solves the problem of farmland fragmentation,and improves the efficiency of land use and reduces the cost of agricultural modernization.After more than ten years,the scale of land used to rural land management rights trust has exceeded to 5 million acres,and the theory of the rural land management rights trust have became relatively perfect,but there are also some problems need to be solved.The most important problem is the shortage of direct ways to financing for the rural land management rights trust.This problem will lead to the high cost of funds,and make the social funds difficultly to enter this field.This paper studies the land trust mode in the United States and Japan,and the practice of rural land management rights trust in China,and then combines the Chinese legal system to establish a hybrid rural land management rights trust mode,to solve the problem of high cost.At the same time,this paper also probes into the various links of the trust,reveals the legal relationship of it,and provides suggestions for the development of the legal system.The first part of this paper,expounds the concept of land management right trust in China and the theories of land trust in foreign countries,and then combines the practice of land management right trust in China,exposes the problems that the trust of land management right in China is facing with.The second part,is to set up the hybrid rural land management trust model,illustrates the advantages of this trust in solving the financing problems which the traditional land trust is facing.And,combined with the current legal environment,this paper analyzes the feasibility of the development of the hybrid rural land management rights trust.The third part,gives an insight into the four trade ports of the hybrid rural land management rights trust,analyzes the possible legal risks in each trading link,and providestheory which will support to perfect the hybrid rural land management rights trust legal system.The last part,aiming at the legal risks of the hybrid rural land management rights trust,provides suggestions for improving the legal system of hybrid land management rights trust.