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The Study on the Trust Law System of Usufructuary of Management of Rural Land

Author: LvSiDa
Tutor: ZengYuShan
School: Nanjing Agricultural College
Course: Economic Law
Keywords: Rural land contract management rights Trust Trust relationships Trust property Prudent investor rule
CLC: D922.3;F832.49
Type: Master's thesis
Year: 2010
Downloads: 81
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Abstract

Agriculture is the foundation of national economy, while the agricultural heart of the problem is fundamentally the problem of rural land system. Currently, small-scale farmers planting operation modes of production and circulation of agricultural land existing approach has been unable to adapt to China's agricultural and rural economic development needs. Given China's \institutional connotation and related legal issues. And look forward to the rural land contract management right trust capable of advancing to serve rural, adapted to the future. The article is divided into eight parts, hereby summarized its contents as follows: Part I: Introduction. Intended to illustrate the thesis topics in accordance with, carry out the overall topic of the literature review, explain the purpose, significance and innovation possible problems with other items of content. Part II: rural land contract management rights trust system overview. Mainly with reference to the content of textbooks, the provisions of the Trust Law of the discussion with academics, etc., respectively, of China's rural land contracting and management rights transfer system and an overview of the trust regime, on this basis, draw the rural land contract and management rights to unwavering trust system has collective ownership of rural land and land contractual management rights system as a precondition, the Trustee shall not alter the original trust land for agricultural purposes and other major features, and the trust of rural land contract and management rights to demonstrate the necessity and feasibility. Part III: rural land contract and management rights of the trust relationship to establish trust. Rural land contract management rights on the premise that the client trusts established trust relationship established with the trustee, the trustee of a trust relationship based on the principal of the trust that commitment, trust relationships, on the premise that the principal trustee business skills requirements. And because the trust relationship highly abstract attributes when the client to establish a trust relationship with the trustee on the occasion, which requires appropriate carrier for specific immobilized between the rights and obligations, the carrier that is a trust contract. Part IV: rural land contract management rights trusts subject of legal relations and its rights and obligations. According to mainstream academic point of view, the rural land contract management rights trusts subject of legal relations, including principals, trustees, beneficiaries tripartite body. In this tripartite body, the principal of the trust property enjoys change management methods, supervision of the trustee's rights and other various items bear the transfer or disposition of the trust property to the trustee, for remuneration and other obligations; trustee entitled to the trust the management of property rights and the right to the core of the duty of care, duty of loyalty, duty, respectively, management and many other legal obligations; while the beneficiaries are entitled to claim benefit payments in trust as the leading series right, and does not burden the corresponding statutory obligations. Part V: rural land contract management rights trusts the transfer of property rights. Rural land contract and management rights of the trust property is eligibility for the trust property as rural land contract and management rights transfer mode, our legislation has taken property right of formalism, without a corresponding Trust Property Registration no effect. Part VI: rural land contract and management rights of the trust property trust management. The management of the trust property trust system is the core content of the right to manage the trustee can in principle be divided into two types: one is the express terms of the trust conferred; two firms for the completion of the Trust must. And its specific management requirements, based on \Part VII: rural land contract management right Risk and Trust. Trust the rural land contract management rights inevitably exist endogenous and exogenous risk exposure, which, through its intrinsic default trust system to prevent and control, and for the rural land contract and management rights trusts improve the regulatory system is pending from establish an information disclosure system and set up the trust supervisor two aspects efforts. Part VIII: Conclusion. Summarize each chapter and a brief summary of the article discusses the essence of the core arguments.

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