China's Rural Land Trust System Research

Since China's reform and opening up, the process of urbanization has been promoted rapidly in China, the number of rural population has reduced from more than 80% to less than 50% by 2015, a large number of rural population moved to town for study, work and other reasons, led to a large number of rural land abandoned, seriously affect the healthy development of agricultural production. At the same time, with the development of technology and the technicalization integrated, systematic, finalization of agricultural production, the problem of "three rural issues" is serious. In order to solve the problem of rural land circulation in our country, the rural land trust pilot activities have been carried out across the country, our country rural land trust developed rapidly. However,it revesl a lot of problems in the activities of the rural land trust, it is necessary to establish relevant legal system. It suggested that land trust has many advantages by studied the model of land trust in Japan and the United States and the related legal system, so the work of exploring the characteristics of land trust model become more confidence and more determined. After the 18 session of the Fifth Plenary Session, China will gradually reduce the restriction on the right of the circulation of rural land's contracted management, the rural land trust will become trend in the future. Aiming at the problems arised in the practice, such as: lack of rational prescription about the risk responsibility of the parties, lack of the supervision system of rural land trust, the status of the government in rural land trus has not define, the lack of relief channels about rural land trust rights, etc., It is necessary to revise the law related to the rural land for accommodation the particularity of the rural land trust, ensure the orderly and healthy development of rural land trust. In addition, it still need to establish a supervision mechanism, make the company and industry self-discipline supervision, administrative supervision, public supervision play its proper role; through legal channels to solve the disputes in the practice, standardize the behavior of the parties, protect the credibility and validity of the trust. Only in this way, China's rural land trust can get rid of the existing legal dilemma, play its role in the circulation of rural land and the financial system, to complete mission of solving the problems of the rural in our country.The content and train of thought of this paper are as follows:In part 1, we puts forward problems. This part introduces the present situation and problems of the rural land trust arised in the practice in our country. This section is divided into two main points, the first point is about the present situation of the rural land trust practice in our country. including the analysis and ponder on zhejiang "shaoxing model", hunan yiyang "grass tail model", fujian "shaxian model" and "cofco trust model", "citic trust model", "Beijing trust model". the second point is the exposition of problems arised in the practice of the rural land trust. These problems restrict the development of the rural land trust in our country, it is urgently to solve these problems.In part 2, we analyze the above problems. We find the reasons for these problems due to the legislation present situation and deficiency in the system of our country's rural land trust. This paper introduces the legislative present situation and the lack of legislation, providing material for the solution and the path to solve these problems.In part 3, reference experience. By the methods of comparative law, selectively reference foreign experience in legislation, supervision and relief experienc of rural land trust. This part lists the land trust model in three different countries, United States, Japan, Germany and analysis it combined with our national conditions.In part 4, to solve the problem.This part is the thinking and suggestionto for our legislation of rural land trust system. This section can be divided into three parts: amendments to existing legislation, establishing the supervision system of the right of the contracted management of rural land trust, establishing the legal relief of the right of the contracted management of rural land trust path. This part analyzed the relations of the nature, content and legal about the right of land's contracted management, and based on the definition of the right of land's contracted management, deduced the particularity of rural land trust, make the research more vivid and more comprehensive, from the piont of the revision of the laws and regulations of rural land trust as well as the establishment of rural land trust risk funds, put forward the solutions on multiple levels.