Some Consideration About The Establishment Of China Land Bank From The Perspective Of Law

For a long time, China's rural financial policy has been hovering between the government-led and market-oriented. When the government makes the rural financial policy, they look forward the chances brought by market and also afraid of risks of the market, so they always control the problems of rural financial policy at very beginning. Therefore, the policy is combined with the liberal and interventionist. In the past several years, whether the subsidized credit under government-led prior, nor the following market revolution is difficult to let the farmers and rural get the interests efficiently.Overlook the department that is called the "land bank" abroad, they have the same character. Firstly, it's a financial department, which is service for the land exploitation and using; secondly, the main business of the department is to provide the land mortgage loan and issue the land band; finally, the service target of this department is land. The land bank has two characters:policy and cooperate, which is the most important part of rural financial policy.China's system of land bank should be divided into national land bank and the collective farmers co-operative land mortgage represented primary people. Peasant collective using the state ownership to loan in the Land Bank, in order to enrich the collective farmers cooperative land mortgage principal; at the same time, farmers use the land contractual management and residential property to loan in the farmers collective land mortgage company for the interests realization of farmer's land. Then at the proper time, the early national finance should give up the cooperative land mortgage and divestment totally, to reach the privatization of government-run.