Research On The Legal System Of Farmland Trust From The Perspective Of "separation Of Powers"

Separation of three rights,as an important reform of farmland system of the CPC Central Committee put forward to speed up the farmland circulation,promote are of great significance to the moderate scale management of farmland trust as a new form of land circulation,can activate the circulation,to provide capital and technology management support,but the farmland around in practice still exist practical difficulties and legal barriers to solve the problem of separation of the division of farmland trust law,first to explore the legal basis of land management of the rural land circulation has many characteristics,such as direct dominant independence confrontational,should be clear as usufructuary right.Farmland management right can be transferred by means of transfer,lease,shareholding,mortgage,inheritance and other means.The transfer objects of farmland trust should still focus on land management right.In the practice of farmland trust,there are some puzzles,such as the lack of standardization in the establishment of farmland trust and the lack of effective protection of farmers' rights and interests.In the current legal provisions,there are no specific provisions on the establishment of the subject registration system of farmland trust and the clarification of the subject of supervision by the registration authority,which face the legal system obstacles.So clear land trust legal relationship,build a reasonable and effective feasible legal system of rural land trust is imperative in separation division under the horizon,The trust property of rural land trusts shall be clearly defined for the land management right of rural land trust to the trustor and the beneficiaries shall be the farmers,the trustee should trust companies have professional qualifications,the trustee as the obligor to the registration authority shall apply for registration of trust,the trustee during the trust shall have the right to possession and independent management and circulation of farmland,the trustee according to the trust contract and law at the same time to fulfil the obligation in the careful management,ensure the realization of the purposes of the trust.Should clear the role of government in rural land trust,set up the trust supervisor system and the system of punitive damages,by building a multi-level rural land trust legal supervision system,and realize the special protection for the interests of the farmers,It will further promote the appropriately scaled operation of agricultural land and promote agricultural modernization.