Research On The Perfection Of Trust Legal System Of Land Contracted-management Right

Since the the trust system led into the land contract-management rights transfer market in rural areas, not only to stimulate the vitality of land transfer market in rural areas, but also to make the trust legal system to be used widely in the field of land contract-management rights transfering. Relative to other forms of the circulation of land,the land contract-management rights trust is more conducive to the realization of land scale,intensive and professional management. Because the trust institutions to provide financial support to focus on land, and agricultural enterprises in the production and management more professional. For farmers, not only can improve income, protect land rights and interests, and even provide employment opportunities. However, more than ten years of development, China's land contract-management rights still face many problems,especially in the legal aspects. Based on the project of "Zhoupu Flower Land Contractual-Management Right Trust",this paper analyzes the legal dilemma faced by China's land contract-management right through the legal analysis of the project, and puts forward the corresponding countermeasures for these legal dilemmas, And to improve the trust system of land contract-management right in our country from the legal level. This paper is divided into four parts:The first part is mainly the "Zhou Pu Haihai land contract-management right trust"project and its legal analysis. This part introduces the background of this project, and analyzes the rights and obligations of each participant in this project, and then analyzes the advantages and limitations of the project from the legal point of view to elucidate the right of land contract-management The general dilemma faced by the trust.The second part is the legal dilemma of our country's land contract-management right trust system. This part analyzes the complex tenure relationship between the right of contract-management and the establishment of trust, and thus leads to a series of problems. Then, from the perspective of the marketization of land contract-management right, this paper explains the status quo of the land contracting right still has not been"membership" and the difficulty of cooperating with the grassroots government or autonomous organization. Finally, this part analyzes the legal dilemma brought by the historical limitation of the trust law to the trust of land contract-management right.The third part is the study of foreign land trust legal system. This paper discusses the legal system of land trust in the United States and Japan from two dimensions: legal relationship and basic model. Then, based on the actual situation of land contract-management right in our country, this paper analyzes the legal system and successful experience of land trust in China The Reference Meaning of Trust.The fourth part is the legal perfection of the trust system of land contract-management right in our country. This part first proposed to implement the concept of "separation of powers" into legislation,so as to solve a series of problems caused by the ownership of land contract-management rights, and then discussed the marketization of land contract-management rights and grassroots government Or the relationship between moderate participation of autonomous organizations. Finally, this part explains the historical limitation of breaking the trust law from the aspects of trust contract and trust registration, and further standardizes and consummates the trust system of land contract-management right in our country from the legal level.