Study On Land Trust Circulation Mechanism In Rural China

Rural land issue is the key point of issues of Chinese agricultural, farmers and rural areas. Huge waste of rural land resources is resulted by the development of reform of economic system and the rapid developing steps of urbanization and industrialization. Consequently, rural lands are being circulationred from agricultural use to non-agricultural purposes. There are several issues that restrict the development of rural economy, for instance, low comparative advantage of agricultural production, discontinue farming and let go out of cultivation, lack of enthusiasm for production and difficulty to initiate land scale operation. The essence of these problems subject to the land circulation pattern in rural China, which can be concluded that decentralized operation of rural land hold off the development of rural land market. It is urgent to innovate or introduce a new pattern of land circulation into Chinese rural area, as an antidote of illness of current rural land circulation.The purpose of this dissertation is to provide a solution for rural land circulation, in perspective of accelerating the efficiency of land circulation, to build a complete new diversified and socialized system. The first thought of introducing this western-born system, also known as tool of property management in finance, is to meet the challenge of a global-wide market since the country’s entering WTO. Several theories of the economics of law have been introduced to analysis the issues, begin with the necessity and possibility of transplanting land trust system. The construction of land trust system and internal incentive mechanisms are also mentioned, along with series of supporting systems and methods.The main contents are as follows:(1) Assessment of current land circulation pattern has been made in order to find out the defects and shortcomings of the current model. Two domestic representative cases, YiYang and ShaoXing, have been represented whICh stand for land trust experimental programs initiated by local governments. The cases indICated that land trust pattern can be adopted and yet achieved positive progresses.(2) The paper analyses the feasibility and possibility of establishing rural land trust system. First of all, system supply function has been applied to find out the necessity of new land circulation pattern which may be required by farmers in rural areas. It is obvious that the old land circulation pattern can not meet the demand of land circulation parties which has been proved low efficiency and lack of legal framework protections. Secondly, the paper launched a research program in order to collect the latest data from experimental programs. By borrowing foreign research achievements, the paper indicates that establishing land trust does improve not only the social performance, but also the economic performance, which meet the perspective requPSement of our national development.(3) Conclusions and summaries are obtained from the following aspects on the studying of foreign land trust practice, for instance, the purpose and function, relations between the state and private sectors of the economy, organizational forms and operation model. The main impact factors concern land trust include the following:change of economic environment, current legal framework, awareness of land trust by the public, the willing of introducing new legal system by the government and the cost of legislation. The paper brought attention to four issues of establishing land trust system as follows:the possibility for village committee to participant in land trust; qualification of trustees; specified legislation works and the registration of land trust.(4) The framework of land trust system is designed on the basis of the constitutive requirements of legal system. First, basic principles and guiding ideologies are determined. Land trust property is. in fact, the contracted management of rural land is unique comparing with the original land trust property, since lands in China are public owned. Cost-benefit analysis is applied to analysis the trading behavior and relationship between land trust parties.(5) Incentive mechanisms and dispute resolution mechanism are established, through the analysis of expectations of the microeconomic behavior in order to contribute the reform of land property rights system. The ideology of land development rights is introduced as one of the options to incentive mechanism.(6) Types of land disputes and reasons in rural areas were analyzed, as well as the supporting mechanisms. Concluding five elements of supporting measures, for instance, separate codes, intermediary organization, rural social insurance and specific tax regulation.