Research On The Trust Guarantee Mechanism Of Rural Land Management Rights In My Countr

Rural land transfer is the key to China’s rural land reform.There are several advantages that other circulation methods do not have through trust.During the "separation of two rights" in contracted land,some places in China have conducted a pilot on land trust circulation,and explore three types of representative rural land trust models——the government-led mode in Caowei,the commercial-operated mode in Suzhou and Taoyuan.They have laid the foundation for the development of land management rights trusts after the separation of the-three-right concerning land transfer.With practical practices as a model,land operation rights trust in the rural areas of China may face the differences in trustee access mechanism,the constraints of land operation rights and trust registration systems,the hidden dangers of renewal and termination of land operation rights trust,and the worries of the trustees endanger farmers and collective interests.The separation of the-three-right concerning land transfer gives priority to protect the public interest,but commercial trusts attach importance to personal interests;secondly,the social relations of farmers living in acquaintance society present a differential pattern,which is contrary to trust-based trusts;thirdly,some local governments alienate the central government’s requirements for the moderation of land circulation in the land,and there is a situation where the role is offside.In order to ensure the smooth operation of the land management right trust,it is necessary to improve its mechanism from the following aspects.Firstly,clarify the scope of the trust relationship for land management rights.It is necessary to ensure that farmers serve as principals and beneficiaries,while expanding the scope of trustees and providing diversified choices for farmers.The government can only establish public welfare legal persons as trustees when necessary.Secondly,refine the land management right registration system and improve the trust registration system to optimize the relevant registration system of land management right trusts.Thirdly,it is necessary to appropriately adjust the land management right transfer system.The law should allow for changes in the agricultural use of land in accordance with the law,provide exceptions to the priority rights of members of collective economic organizations,and adopt alternative methods to resolve the issue of returning farmers exiting the trust.Finally,starting from applying the trust supervisor system by analogy.The law should allow for changes in the agricultural use of land in accordance with the law,provide exceptions to the priority rights of members of collective economic organizations,and adopt alternative methods to resolve the issue of returning farmers exiting the trust.e should strengthen the supervision and service of land management right trusts.