Research On The Trust Of Farmland Management Right Under The Policy Of "Three Powers Divided"

At the present stage,a large number of rural labor forces are losing,and the differentiation of farmers is becoming more and more serious.The emergence of a large number of idle rural agricultural land can’t not only let farmers to freely seek development,but also cause a crisis of national grain production.Continued restrictions on the circulation of agricultural land will lead to more serious social problems.The "decision on comprehensively deepening the Reform on several important issues" adopted at the third Plenary session of the 18 th CPC Central Committee put forward the policy of separating the right to contract farmland from the right to manage farmland,and established the ownership and contracting right of agricultural land at the present stage.Such a policy view of "three powers divided" would give the land more circulation value and circulation space,bring more theoretical support for the financialization of land.The main purpose of this paper is to solve the low utilization rate of agricultural land resources,even the idle and waste of farmland,to meet the practical needs of different farmers.This paper mainly adopts comparative research method to write.Including the analysis and comparison of land trust development and model in the United States,Japan and other countries,the feasibility of land trust development in China is obtained;and compared with the existing land contract management trust,the differences between the two are explored,and discovering the problems arising in the implementation and some solutions are put forward.The main content is divided into four parts.The first part mainly introduces the concept of farmland management right trust,and through the comparison with the land contractual management right trust,obtains its characteristics: mainly includes the principle of registration entry into force,the establishment way diversification.At the same time,the beneficiary is not limited to the principal himself,and there is no limit on the quantity.Compared with other property trusts,its particularity is mainly reflected in the limitation of trustee status and the limitation of handling trust affairs,as well as the limitation of the duration of the trust relationship.The second part is the assumption of concrete system construction.Including the simple combing on the development of land trust system,analyzing and introducing the main mode in foreign countries.There are some obstacles to the introduction of the trust system in our country,such as the conflict between the dual ownership system in common law system and the single ownership system in our country;the academic dispute over the nature of the beneficial right;the vacancy of the system of faith;and the imperfection of thetrust registration system.But surviving and developing in different legal systems is the embodiment of the flexibility and vitality of trust system.It is the premise and foundation for the further development of the trust system to recognize that the trustee enjoys a single ownership in the system of rights of our country.The feasibility analysis of farmland management right trust can be carried out from the following two aspects: on the one hand,the separation of farmland management right is feasible,on the other hand,the farmland management right can be regarded as an independent right to trust.Of course,it also introduces the limitations of the existing main circulation mode,only the combination of farmland management rights and trust can effectively solve the existing problems on agricultural land.The third part mainly introduces the rights and obligations of the principal,trustee and beneficiary in the trust relationship.This paper discusses the attribute of beneficial right.The fourth part is the main innovative point of view of this article.Referring to previous problems in the trial of farmland contractual management rights trust,which is expected to exist in the practice implementation,mainly including: government contribution to participate in the establishment of trust institutions to participate in the circulation of farmland management trust,which affects the voluntary and neutral nature of the trust.Farmers are in a marginal position in the trust relationship and can only be recovered according to contract which is not conducive to the protection of their basic rights and interests.Lack of appropriate supervisory and regulatory bodies responsible for the management of agricultural land.The corresponding expected solutions are also given in order to better promote the financial circulation of agricultural land and give full play to the economic value of agricultural land.At the same time,in order to give full play to the economic value of agricultural land,we can combine it with the theme of "Internet".The types and quantities of agricultural products are publicly grown on the Internet,which expand the openness of trust,and increase the marketing path and marketing method of agricultural products,and increase the sales channels.