Research On Trust System Of Rural Land Management Right In China

With the continuous progress of urbanization,a large number of jobs have emerged in urban areas.Farmers who used to live on land have the opportunity to enter the city to engage in the secondary and tertiary industries.At present,a large number of young people in rural areas choose to work in cities,and most of them are left behind old people and women in rural areas to engage in agricultural production and management,which hinders the efficient use of land and the optimal development of management mode.Therefore,it is high time the state promoting "separation of three powers" to reform the land system,which provides the institutional basis for the follow-up efficient land transfer."Separation of three rights" makes the rural land contract right and management right separated.The management right can be freely transferred and evaluated as the trust property,which is consistent with the independent and transferable trust property required by the trust.Therefore,a standardized rural land trust model can be built on this basis.However,the implementation of the "separation of three powers" is not long,and before the "separation of three powers",Zhejiang,Anhui,Hunan and other places have constructed land trust mode with local characteristics.The practice mode of each place does not adapt to the current policy changes,and there are many problems and conflicts.This article is divided into four parts to explore the subject: the first chapter is an overview of the system of land management right trust in China,analyzes the system basis,theoretical basis and practical advantages of land management right trust in China,and demonstrates the legitimacy and necessity of land management right trust.The second chapter mainly analyzes the practice of land trust in Shaoxing,Suzhou and Wuxi,clarifies the practical operation mode in different regions,and evaluates the advantages and disadvantages of the mode,practical difficulties,and normative conflicts.The third chapter summarizes the legal problems existing in the current land trust practice,mainly focusing on the aspects of the subject of the trust is not qualified,the trust registration is not perfect,the regulatory system is not in place and the role of the government is not clear.The fourth chapter puts forward some suggestions: to improve the relevant laws and regulations,to fill in the blank;to define the standard of the subject of trust participation,to screen the qualified subject,to clarify the rights and obligations of each subject,and to explore how to use them in practice;to construct the trust registration system,to explore the choice of registration agencies;to clarify the positioning and responsibilities of the government,and to play a good role of government guide The role of regulators and service providers.