土地承包经营权信托登记在我国的实践及其建构

The Practice and Establishment on the Trust Registration System of Rural Land Contract Management Rights

农村土地承包经营权信托登记是为了将土地承包经营权已被信托的事实向公众披露而建立的信托管理制度,在明晰作为信托财产的土地承包经营权的归属、确保其独立性、保障信托当事人合法权益、便于行政机关监管土地等方面发挥着重要作用。但是,实践中没有形成统一的操作规范,亟需法律加以规范和引导。我国在相关理论成熟和实践经验丰富后,应尽快建立规范的土地承包经营权信托登记制度,以当事人共同申请为原则,单独申请为例外,以受托人为义务人。区分不同土地承包经营权信托登记的效力,同时赋予不动产物权登记机构信托登记职能,并纳入到统一的不动产物权登记范围内。

The trust registration system of the land contract management rights is to serve the function of disclosing information about land contract management rights being trusted. It plays an important role in many aspects. For example, definite who can own the the land contract management rights as the trust property to keep it independent, and protect the parties’ legal rights and be easy to take charge of the land for administrative organization. However, there is not a unified system to observe in the practice, therefore it need to correct by law. Faced with this problem, we should establish the trust registration system of the land contract management rights based in the most well-developed theory of search and abundant practice. The trust registration system of the land contract management right should contain these aspects： application by parties in principle; the bailee as the obligor to register. Meanwhile, it is necessary to distinguish the different kinds of the land contract management rights’ efficacy. Besides, the trust registration system of the land contract management rights should be included in the unified real estate registration. Thus, it seems to give the administrative organization of real estate registration the rights to manage the trust registration system of the land contract management rights necessarily.