京津冀农业产业协同发展信托机制的法律构造

The Establishment of Legal Structure for Trust Mechanism Based on the Joint Development of the Agricultural Industry among Beijing, Tianjin and Hebei

京津冀协同发展的重要抓手在于农业产业协同发展、城乡资源要素对接对流。通过农地经营权信托和农产品消费信托的复合构造,将京津具有优势的资金、技术、市场等资源优势有效对接河北优势的农地和劳动力资源,不仅优化农业要素资源配置,亦连接生产和消费、促进农业产业链延伸。但是作为制度创新,既有立法对其付之阙如,当务之急是夯实法律根基,着眼于信托财产登记、受托人风险保障和激励机制等制度构建。

The joint development of Beijing, Tianjin and Hebei should focus on the collaborative development of the agricultural industry, and the links and exchanges of factors of urban and rural resources. The government should link the resources with comparative advantages like capital, technology and market in Beijing and Tianjin, to the resources with comparative advantages such as farmland and labor in Hebei effectively, based on trust mechanism, through the compound structure with the trust of managerial right of farmland and the consumption of farm product, which will not only optimizes the allocation of resources of agricultural factors, but also links production to consumption, and promotes to extending the agricultural industry chain. However, as institutional innovation, the current legislation has not put the thinking into practice. Therefore, we should take enhancing the foundation of legal system as a priority, focus on the registration of trust property, and risk guarantee and incentive system for the trustee, to make up for the deficiencies as soon as possible and establish the relevant legal system.