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农村土地信托流转模式作为刚刚兴起的事物,许多方面发展还不甚完善,制度规定也不够完整。因农地信托内在高风险性的特征,急需明确风险损失的承担责任,以保障农民在农地信托关系中的利益,保证我国农地的基本保障功能和社会福利功能。本文从农地信托法律关系所涉及的各方主体的责任制度进行了深入的探究,分析了各方对于信托经营所产生的风险损失应当分担的责任,着重探讨了受托人过失责任、中介服务机构的责任以及经营债务偿还问题。为我国完善农地信托责任制度提出了几点可参考的建议。
Rural land trust transfer model as just emerging things, many aspects of the development is not perfect, the rules and regulations are not complete enough. Due to the characteristics of inherent high risk of the farmland trust, it is urgent to make clear the responsibility of the risk loss so as to ensure the farmers’ interest in the trust relationship of the farmland and ensure the basic guarantee function and social welfare function of the farmland in our country. This article makes an in-depth investigation on the responsibility system of the parties involved in the legal relationship of rural land trust, analyzes the responsibilities that parties should share for the risk loss caused by the trust business, and focuses on the responsibility of the trustee for negligence, the intermediary service agencies The responsibility and debt service. For our country improve the responsibility system of farmland trust made a few suggestions.