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Research on the Legal Issues of the Rural Land Contracting and Managing Right of Trust System

Author: TangZhouZuo
Tutor: YangChunZuo
School: Southwestern University of Finance and Economics
Course: Economic Law
Keywords: rural land contracting and managing right trust transfer of therural land contracting and managing right legal consideration
CLC: D922.32
Type: Master's thesis
Year: 2013
Downloads: 181
Quote: 0
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Abstract


Reviewing the thousands years of history of China, we can find that the problems of agricultural and land are always the key point of dynasty changing. Now, with the development of new socialist countryside, solving the agricultural problem about "peasant, country, agricultural" is urgent. The problems of rural land,rural land utilization, rural land system have important impact on the agricultural economy, national economy and social stability, so the problems are always the research emphasize of many scholars. Being a new transfer way of contractual right of land, trusteeship of rural land contractual management right shows vitality in practice and exploration. Therefore, the research of legal system of trusteeship of rural land contractual management right has been the problem academy shall face and pay attention to. This thesis researches the basic theory of trusteeship of rural land contractual management right, and starts from the reality to put forward suggestions of completion relevant system.The logical structure of this thesis starts from the document literature, to put forward the research problem and train of thought, which are the theory basis of trusteeship of rural land contractual management right,and clarify the legal relationship, rights and duty of trusteeship of rural land contractual management right through analyzing the experience and problems. This thesis is consists of introduction, main body and conclusion. And the main body is divided of four parts.Firstly, in the part of analyzing theory basis of trusteeship of rural land contractual management right, based upon document literature and established research thoughts, the writer explores the essence of trusteeship of rural land contractual management right to get to the conclusion that trusteeship of rural land contractual management right is a transfer way of contractual right of land.Secondly, when discuss about the practice of trusteeship of rural land contractual management right, the writer introduces the successful examples, such as land trust in Shaoxing of Zhejiang, and the rural land trust set up by Cofco trust co., LTD, to introduce the detailed operation mode of rural land trust. Then, the thesis sum up some experience from the examples. On the other hand, the thesis put forward some problems lied in the truse of rural land contractual management right, such as, Subject qualification, rights and qualifications of trusteeship of rural land contractual management right is not clear, there is not enough legal support for " the usufruct of contractual right of land" to be trust property..· Based on the analyze of useful experience and problems in Chinese trusteeship of rural land contractual management right, the writer consider that the prior problem to solve is that subject qualification, rights and qualifications of trusteeship of rural land contractual management right is not clear.· In the fourth part, the writer put forward suggestion from aspects of establishing supervisory mechanism, revising "Rural Land Contract Law" and "Trust law".Viewing this thesis comprehensively, there are some innovations in topic and research contents. In China, Academic community mainly research what is and the rationality of trusteeship of rural land contractual management right.But this article puts forward suggestions about system and legal aspects.Due to the limitation of the space and writer’s research capability, this article fails to research the legal problem of trusteeship of rural land contractual management right comprehensively and thoroughly. The writer believes that with the maturely of this new transfer way, more and more scholars will pay attention to this problems and present more beneficial proposal.

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CLC: > Political, legal > Legal > Chinese law > Land Law > Agricultural Land Law
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