Study On The Legal Issues Of China's Rural Land Securitization

Rural land as the important factor of production, is an important and effective investment and financing methods, but in today's economy and system and cannot play its proper role. Fairness and inefficiency of rural land system, severely weakened the non-agricultural industries of agricultural labor force shift "push", which restricts the agricultural scale and enhance the efficiency of agricultural production. For increasing the financing channels, to promote rural rural land development and scale operation aspects into consideration, the implementation of rural land securitization in our country is worth discussing .Based on the legal issues of china's rural land securitization as the research object, the combination of rural economic development, constructing the farmland securitization mechanism. In the developed countries for reference and the model of the development of the theory of asset securitization of farmland securitization of operation mechanism and internal legal relation detailed design and analysis, and then to push the rural land securitization of existing laws barriers and shortage of related mechanism research, finally puts forward the corresponding measures to improve. This paper is divided into four parts:The first part is the rural land securitization. This part of the first expounds the history of China farmland property right system, summarizes its regularity, and to promote the rural land securitization. Then combining the characteristics of rural land policy, definitely put forward the concept of rural land securitization, and on that basis, further analysis the differences between rural land securitization and other real estate securitization, securitisation land area, implementation of the specific conditions of the rural land securitization and significance.The second part introduces the overseas rural land system of securitization, draw lessons from the experiences of developed countries(regions), analysis the German, America, Japan and Taiwan's own development mode, organizational structure and characteristics. From three aspect: Government support, the rich farmland financial institutions, perfect legal system, to analysis the implementation of rural land securitization and draw leaaons from the experiences.The third part is rural land securitization of operational mechanism of legal structure analysis. This part firstly discusses practice of rural land securitization-land joint-stock cooperative system. Especially analyses the organization characteristics and function of land joint-stock cooperative, put forward to make reference the mainbody of original rights of farmland securitization. Then drow lessons to the principle of asset securitization, detaily analysis the legal relation between subjects of the securitization of farmland, and designs the operational process.The fourth part is our country executes the rural land law obstacles and countermeasures securitization. This part analyses the law existing in rural land securitization barriers and restrictions in our country from three parts: implementation of farmland securitization, internal operation mechanism, external mechanism, and put forward the corresponding countermeasures and Suggestions for improvement.