Abstract: The legal problem of the rural land management right under the “separation of three powers” was delved, and we held that the trust of land management right not only conforms to the practical needed of rural economic development, but also had certain policy and legal basis. However, in practice, trust of land management rights would faced legal obstacles such as unclear land property right system, excessive government intervention, lack of risk control and supervision system. It was necessary to perfect the legal system of land property rights, changed the role and function of the government, established the risk control and supervision system, and established the trust system of land management rights, so as to promoted the long-term development of rural economy.

Key words: “Separation of Three Powers”, land management rights, trust, land transfer