Research On Legal Issues Of Rural Land Management Rights Trus

Implementing the circulation of rural land management right can revitalize rural idle land and increase rural land income,which is an important guarantee to solve the "three rural" problems in China.With the development of urbanization,the contradiction between urban and rural dual economic system in China is increasing,and the traditional transfer mode of rural land management right can no longer meet the needs of farmers who want to ensure a happy rural life through increasing land income.In order to solve the disadvantages of traditional land circulation and optimize the circulation mode of rural land management right in China,trust mode has been introduced into rural areas of China,which has become a new trend of rural land management right circulation in China and has achieved good results in current practice.However,with the development of practice,due to the lack of relevant legal basis and specific practical experience,the rural land management right trust has solved the disadvantages of the traditional circulation mode,but also appeared corresponding legal problems,which need to be analyzed and solved as soon as possible.Based on China’s existing legal system,this paper discusses the legal issues of rural land management right trust from four aspects,combining with relevant specific practical cases.The first part is to sort out the basic theory of rural land management right trust.This part first summarizes the definition of rural land management right trust from three different theories in academic circles,and then further introduces the characteristics,legal basis and legal relationship of rural land management right trust.The second part discusses the practical basis of rural land management right trust and its advantages compared with the traditional land management right circulation mode.Taking Yiyang mode in Hunan and Suzhou mode in Anhui as examples,this part explains two different trust transfer modes of land management right in rural areas of China,and sums up the unique advantages of trust transfer mode on the basis of comparing with traditional land management right transfer modes.The third part focuses on the legal problems of rural land management right trust,which mainly includes the legal relationship and public registration of rural land management right trust.The first legal issue is analyzed and discussed from the qualification of the client,the trustee and the beneficiary and the ownership of the trust property.The second legal issue is mainly analyzed and discussed from the problems existing in the applicant and the registration authority of the trust registration and the registration effectiveness.The last part puts forward two optimization paths aiming at the legal problems existing in the third part: clearing the legal relationship of rural land management right trust through legislation and improving the public registration system of rural land management right trust.On this basis,the rationality is analyzed and discussed in order to solve the above legal problems.