Abstract: The collective farmland contract and management rights trust by transfer as a innovation of the farmland contract and management rights transfer in the farmland reform system.There have many obvious obstructions and issues in practice, such as the fuzzy of property rights, the issues of ill-defined trust property, the confusion about the subject of participants and the absence of government supervision and other issues.Especially, being the local government credit involved and the administrative interference strengthened, it's not only hindering the development of primordial agricultural business entities but also extruding the farmers'interests, bring the uncertainty risk to the rural community of social governance.Therefore, it has important practical significance to rebuild the system of our country's agricultural farmland management and reform, by improving the legislation of the collective farmland contract and management rights trust by transfer, to build a farmland transfer system with the feature of clear property right, moderate supervision and ordered-transfer, providing a legal protection to safeguard farmers'interests.