信托制度在城中村改造中的运用研究

发布时间：2018-06-15 11:10

本文选题：城中村 + 信托　；参考：《中南大学》2013年硕士论文

【摘要】：历经多年的探索和实践,我国的城中村改造形成了三种典型模式。虽然这三种模式在推动城中村改造上起到了不可磨灭的作用,但它们并未解决城中村改造中的关键问题—参与各方的利益冲突。在城中村改造过程中一直存在着无序的利益博弈,由此引发诸多的社会矛盾和冲突。尽管造成这种不合理博弈的原因纷繁众多,但最关键的原因在于参与城中村改造的各方主体存在多重身份,不同身份下的不同利益诉求使得多种权利义务关系同时存在,从而致使各主体存在“趋利避害”的本能行为。对此,将信托引入城中村改造,构建起城中村信托改造模式,力求通过明确化、合理化各方的权利义务,达成相对平衡的权利结构,消除此前不合理的利益博弈现象。城中村信托改造可设计为二次信托形式,其中,村民为委托人,村委会为一次信托的受托人和二次信托的委托人,受益人仍为村民；信托目的为村民合理利益的最大化,信托财产为宅基地使用权及其地上合法建筑物。城中村信托改造不仅依靠信托制度加强了当事人之间的信任,更通过内部权利义务规定强化了对受托人的监督。在此框架下,进一步完善信托配套制度,促进信托制度在城中村改造中的运用和深入发展。
[Abstract]:After many years of exploration and practice, China's urban village transformation has formed three typical models. Although these three models have played an indelible role in promoting the transformation of villages in cities, they have not solved the key problem in the transformation of villages in cities-the conflicts of interests of all parties involved. There has always been a disorderly game of interests in the process of village transformation in the city, which leads to many social contradictions and conflicts. Although there are many reasons for this unreasonable game, the most important reason is that the main body involved in the transformation of the village in the city has multiple identities, and the different interest demands under different identities make many kinds of rights and obligations exist at the same time. As a result, each subject has the instinctive behavior of "seeking advantages and avoiding harm". In view of this, the trust is introduced into the transformation of the village in the city, and the transformation mode of the trust in the village in the city is constructed, which aims at achieving a relatively balanced right structure through clarifying and rationalizing the rights and obligations of all parties, and eliminating the unreasonable phenomenon of interest game before. The transformation of the village trust in the city can be designed in the form of secondary trust, in which the villagers are the trustor, the village committee is the trustee of the primary trust and the principal of the secondary trust, and the beneficiary is still the villager; the purpose of the trust is to maximize the reasonable interests of the villagers, The trust property is the right to use the homestead and the legal buildings on the land. The reconstruction of village trust not only relies on the trust system to strengthen the trust between the parties, but also strengthens the supervision of the trustee through the stipulation of internal rights and obligations. In this framework, the trust system should be further improved to promote the application and development of the trust system in the transformation of the village in the city.
【学位授予单位】：中南大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D922.282

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