Research On The Legal System Of Rural Land Bank

Agriculture has been always the focus of the party and the country,Countriescontinue to strengthen the foundation of agriculture,increase investment inagriculture,and continuing commitment to the stable development of agriculture, ruralareas to improve the environment and improve the living standards of farmers,whichare inseparable from the support of financial institutions.Now,with the development ofurban-rural integration,more and more farmers to shift from rural to urban areas,thesemake land idle.So,it need a specialized financial institution to solve rural idle land sothat it can transfer and use.However, from the present situation of China’s ruralfinancial perspective,the rural financial institutions are weak to solve agricultural landtransfer issue,no special institutions to address agricultural land transfer issue.In thiscontext, I think we should set up a land bank specializes in providing services to ruralareas and farmers land transfer credit.The author in view of the above problems, after analysis the feasibility andnecessity of the establishment of the land bank, put forward the idea of establishingthe land bank from the aspects of establishing mode, capital system, governancestructure, risk prevention, the bad assets handling etc, Point out that our countryshould construct a perfect land bank system, Establish land bank at and above thecounty level, establish land credit cooperatives in the rural, the national land bank andland cooperatives division with grass, to realize rural, farmers, agriculture to ruralfinancial demand and the national agriculture policy at the present stage. At the sametime, point out that to formulate regulations of land circulation to make clear thenature of land bank’s financial institutions and legal status, vigorously develop theland bank, to perfect our country’s rural financial system, make the rural finance canbetter serve the economic development of rural areas. In addition to this introductionand conclusion part, in the structure and the main content is divided into four parts:The first part is a basic overview of the land bank, the first property in thedomestic and foreign existing land bank on the basis of the analysis, according to thesituation of rural land circulation, and consider the present stage our country landproperty and land policy, the nature of the land bank is analyzed and defined our landbank is a policy oriented financial institutions, In defining the nature of the landbank,On the necessity and significance of establishing land banks are described,Thought that it has the important theory significance and the practical significance ofestablishing a land bank. The second part is the reference of foreign advanced land bank system. Landbanking system is relatively developed countries mainly in Germany and American.From the foreign experience of developed countries, the German Land bank take abottom-up form, it composed by. the private land mortgage credit cooperatives andpublic land banks coexist at the same time and composition. The federal land bank ofUSA take a top-down form is the financial institution was established by thegovernment, which specialized in providing credit funds for agriculture. Theformation of the federal land banks in the12district was established within thenational agricultural credit. The developed countries’ land bank have commoncharacteristic: first, they are all financial institution, which for the utilization of landbusiness services. Secondly, its main business is to provide the land mortgage loansand the issuance of land bond. Finally, the main service targets it for farmland.Thisarticle mainly from the three aspects of the two national land bank sources of capital,scope of business, organizational structure to explain the land bank system.The third part is about the legal concept of the establishment of our country landbank proposed. Mainly from the land bank establishment mode, capital system,governance structure, risk prevention and management of non performing assets ofseveral aspects. Part of this part is core of this paper.On the establishment of model，the Land bank can take the double mode establishment of land banks in the countymachine set up rural land in village-level credit cooperatives;Capital system,including the capital sources and use of funds, the Land Bank funded by the State, andthe funds are mainly applied to the payment of loans and interest and investmentpolicy;the governance structure, land banks and land cooperatives have differentcharacteristics according to their shareholding and governance structure;Land Bank tostrengthen the risk management and prevention on risk prevention from inside andoutside;Land Bank as a financial institution can cause problems of bad assets, throughwrite-offs, sell a variety of ways, such as non-performing assets, debt,maintain thehealthy functioning of the Land Bank.The fourth part is the perfection of the legal system related to the land bank. Theland bank does not exist in isolation, it involves the land collateral circulation, alsorelates to improve relevant financial system, in the establishment of the land bank,consideration should be given to improve the relevant legal system.