The Research On Protection Of Farmers’ Rights And Interests In The Transfer Of Rural Land Trust

The rural land system is an institutional arrangement that involves politics,economy,social well-being and ecology.It is not only related to the agricultural modernization,but also to the sustainable development of the national economy and rural social economy.Rural land trust is an innovative land transfer mode which complies with the agricultural modernization construction and gives farmers more property rights.Land is an important asset for farmers.One of the purposes of the rural land trust system is to make farmers benefit as much as possible from the land,land transfer and land appreciation.At present,the trust land area is large and the involved farmers are a lot in China,thus it is difficult for individual farmers to have effective supervision of trustee’s property management behaviors.In addition,the rural land trust system is constrained by the law,market and other external factors,making farmers’ rights and interests hard to be effectively protected.Hence,it is necessary to take effective measures to protect farmers’ legitimate rights and interests in rural land trust and actively promote the practice of rural land trust.This paper is divided into five parts:The first part is the general principles of rural land trust.This part defines the connotation of rural land trust,proves the necessity of implementing the rural land trust from the perspective of promoting agricultural modernization,protecting farmers’ land rights and interests,improving the household contract responsibility system in China.It proves the possibility of implementing it from the level of policy,law and practice.It also discusses whether the village committee or government can be a client,what kind of qualifications should the trustee have and whether the beneficiary is exclusive through the decomposition of the legal relationship elements of the rural land trust,elaborating in detail the rights and obligations relationship of these three subjects and making clear that the object of rural land trust is the land management right.The second part is the current status and problems of protecting farmers’ rights and interests in different modes of the rural land trust in China.Taking Shaoxing,Shaxian and Suzhou as an example,this part deeply analyzes the measures taken to protect the farmers’ rights and interests in every mode,on the basis of which the common problems in the transfer of rural land trust are identified.The third part is the institutional reasons of the problems of protecting farmers’ rights and interests in the current practice of domestic land trust.From the perspective of the anomic legal system,the inadequate confirmation of land right,unscientific trustee management system and imperfect supervision and management mechanism,this part summarizes the institutional reasons of the problems in the process of carrying forward rural land trust.The fourth part is the experience of beneficiary protection in the foreign countries that have mature land trust system.This part chooses the United States and Japan as research object and analyzes what measures have been taken to protect the beneficiary in their land trust system and summarizes the experience that we can learn from.The fifth part is the institution construction of farmers’ rights and interests protection mechanism in China’s rural land trust,which is also the main part of the paper.In order to protect farmers’ rights and interests,we should improve related legal system such as China’s rural land trust registration system,introduce land trust supervisor system and improve domestic supervision and management mechanism.We should also establish trustees’ investment standards to enrich our trustee selection standards.Besides,agricultural insurance and social security mechanism should be enhanced to improve our risk pre-warning mechanism.