A Study On The Legal System Of Land Bank

Rural land is the most valuable asset for the farmer, revitalizing the rural land andmaking it into tangible benefits is of great importance to the increase of the income and theprotection to farmers’ land right. Therefore, the focus is what way will be adopted torevitalizing the rural land. The answer is given in the central file No.1in2014, which saysthat “…being endow the farmer with the rights to lawfully possess, utilize, profit from ofright to contract for management, and the function of circulating and pledging,hypothecating the one. On the basis of the implementation of the rural collective landownership, stabling farmland contract right and freeing rural land operation rights, allowingthe land operation right of the contract farmland mortgage refinance from financialinstitutions….” The land bank with the core of mortgage for agriculture land-use rightscertainly meets the above requirements. Based on the research object of land bank, thisarticle starts from the combination of rural land system and financial system, building theland bank system with the core of the rural land as security for a loan, and being hoped to canthrow away a brick in order to get ages for the constructing of land band legal system that inline with the Chinese rural actual and farmer’s financial needs.This paper aims to establish the rural land financial system that in line with the Chineserural actual and farmer’s financial needs from the perspective of institutional innovation,which is named “China rural land bank legal system”. Firstly, starting from the concept ofland bank, the paper analyze the differences among the concepts of “land reserve center”,“land bank for depositing and loaning” and “land bank”, as a basis for the laterstudies,defining the connotation of the land bank clearly.On the basis, summarizing thecharacteristics of land bank differs from other rural financial institution.Then, carding theprocess of the exploring of China land bank, disscussing the necessity of the constructing ofthe land band legal system. As the importance of the land bank legal system and the absenceof it in China, it is necessary to study the outside land bank legal system which is relativelyperfect, so the paper then studies the evolution of the corresponding land bank legal system which is divided into two parts of developed countries and the developing ones, summarizing the common characteristics, experience and enlightenment seperately and hoping to provide beneficial reference for the constructing of China-style land bank legal system. Turning the perspective to domestic, the article investigates the situation of some pilot area of China, summerizing the results and finding out the problems. Finally, comparing the legal system of outside and domestic, and aiming at the existing problems,and combining the experience of the outside legal system, the paper puts forward the land band legal system that in line with the Chinese rural actual and farmer’s financial needs, which includes the prerequisite of standardizing the land property rights and land transfer legalization, the principles, the choice of the mode for the organization system, operation mechanism and risk prevention mechanism.