Optimal Configuration of Trust Elements for Rural Land Management Rights
The rural land contract management right trust,which originated from the"two rights separation",has evolved into the rural land management right trust under the background of"three rights separation".The land management right has been confirmed as a civil right by legislation,which is conducive to breaking the legal barriers to the transfer of land management rights in the form of trust.However,there is an imbalance in the configuration of existing land management right trust elements,which is mainly manifested in the misalignment of trust subject qualifications,unclear land management right transfer standards and vague trust purpose positioning.The reasonable configuration of trust elements is an inherent requirement for promoting the development of land management right trust,and it is also an important means to improve the relevant system of land management right trust.It should follow the basic principles of whether it is conducive to protecting the land rights and interests of farmers,whether it is conducive to highlighting the functional advantages of the trust mechanism and whether it is conducive to overcoming the"market failure"in trust practice,and focus on clarifying the qualifications of trust subjects,building a land management right trust registration system and reshaping the trust purpose into a social purpose,so as to optimize the configuration of land management right trust elements.
land management rightssubject qualificationtrust registrationtrust purposeoptimal configuration
万方数据
维普
