The Research On The Right To Land Contractual Management Trust In China

It is the problem of 1.8 billion mu cultivated land that "Issues of agriculture, farmer and rural area" focus on. With the economic system reform deepened in our country and further development of modern agriculture, it will increasingly become the hot topic in the current rural work that how to promote the rational allocation of cultivated land resources and to integrate it with other social resources. Practices prove that the development of agriculture must follow the market rules. On the base of the collective ownership of land and farmers’ right to contracted management, combined with the social practice, it is needed to explore a new form of the right to the contracted management of cultivated land, to establish multiple modes of arable land production and management, to form the moderate scale agriculture and promote sustainable development of modern agriculture. Combine to the traditional transfer mode such as alienating, subcontract, lease and exchange, the trust of the right to the contracted management of land is a new financial mode that takes the right to the contracted management of cultivated land as trust property. It embodies better adaptation to the moderate scale agriculture due to the combination of cultivated land and capital, although it hasn’t been listed as a transferring mode in "Property Law" and "Rural Land Contract Law". It realizes the separation and configuration of collective ownership, farmer contract right and cultivated land management rights, and at the same time it brings bigger transaction risks due to the complexity caused by participation of financial capital. The improvement of the legal system will surely accelerate social practice to a more standard and steady way. The beneficial right of the trust consists of the beneficial right of the land and capital and the corresponding legal system design need to follow both of the general rules and the special requirements of collective money trust. In spite of belonging to personal profit trust, the trust of the right to the contracted management of land needs to abide by public profit system partly in legal system design.Besides the introduction and the conclusion, the paper is composed of six parts. Chapter one is "the native background of the right to cultivated land contractual management trust in China". The transition of China’s cultivated land system after the foundation of China is reviewed by the method of analyze from the perspective of history. On the basis aforesaid, it is proposed that the right to the contractual management of land should realize the unification of economy function and social function on the base of the political function. Several problems including abandoning cultivation, the fragmentation of cultivated land, modern management, financial support, environment protection are discussed.Chapter two is "the meaning of the right to cultivated land contractual management trust in China". The social practice of the trust such as the current Diyuan Project in Anhui province is analyzed. It is defined as a dual structure that is composed of the beneficial right of land and capital.Chapter three is "the position of the right to cultivated land contractual management trust in China". The connotation and feature are analysedand the conclusion is reached that it benefits the land management function, the increase of utilization, the protection of farmers’property, the realization of moderate management, division of labors. It is proposed that the legal system design of the trust must be based on farmers’profit, the increase of utilization, the realization of moderate management and agriculture modernization.Chapter four is "the legal system of the establishment of the right to cultivated land contractual management trust in China". The legal issues involved in the process during the trust are systematically studied from the point of general rulers of trust.Chapter five is "the legal system of the registration of trust property of the right to cultivated land contractual management trust in China". On the basis of the practice of China’s the trust of the right to the contracted management of land and the absence of system design of this kind trust of registration currently, the necessity of the trust of the right to the contracted management of land registration system is discussed. Meanwhile, it is proposed that the trustee should be the application of the trust of the right to the contracted management of land registration, the land mark, nature of land, terms of trust, and the trustor and the trustee are both the persons who bear the duty to register the trust property. The trust registered has the effectiveness which includes publicity confrontation, oath of independence of the trust property. Finally, this part makes a conception of setting neutral land registration institution as the unified institution of the trust of the right to the contracted management of land registration.Chapter six is "the legal system of trust operation of the right to cultivated land contractual management trust in China". The rights and obligation of the parties in the trust operation are allocated, which forms the check and balance system of the rights of the parties. In the practices of the right to cultivated land contractual management trust, the problem of the protection of cultivated land and environment should be focused. As a result, it is forced to establish a trust supervisor in some certain circumstances, when the trust is relevant to basic farm lands or lands whose amounts reach certain standards stipulated in law. And finally, we can establish the legal system of trust supervisor of the right to cultivated land contractual management trust.