Research On The Legal System Of The Rural Land Banks In China

The rural land bank is a new and innovative mode of rural land development containing rural land transfer and land financing. The purpose is to fully guarantee the farmers’ land rights, show the value of rural land and achieve the optimization of rural land use. Combined land and finance, the rural land bank uses land to achieve the goal of land transfer and land capitalization.At present, different regions of China have begun to carry out rural land bank policy gradually to break the dilemma in land transfer by allowing land loans, which promoted the development of rural land scale management and agricultural modernization, increased the collective economic income and speeded up the rural labor force transfer and the process of urbanization. However, in actual operation, there are still a lot of problems in rural land bank policy like single source of funds, the narrow scope of business, the inequality in income and etc. These problems not only prevented the healthy development of rural land bank, but also affected the rural land capitalization process. It needs a perfect legal system of rural land bank to provide guidance and protection for the development of local rural land bank. More and more areas have adopted the rural land bank policy and improving the legal system of rural land bank is becoming more and more important.The article is mainly divided into three parts:the introduction, the main body and the conclusion. And the main body consists of six chapters. The introduction part introduces the background of the article which contains the operation background of the rural land bank, the legal background and the policy background in China. In order to set a theory base for the following part of the article, I will also give some suggestions on the issue after summarizing all the theories related to rural land bank in our country in introduction.The first chapter is an overview of China’s rural land banks. This chapter talks about the concept and legal nature of China’s rural land banks and the characteristics of collective organizations of all financial institutions. I will also show the purpose of developing rural land banks through analyzing the theory of China’s rural land bank development.The second chapter is the analysis on the capital and stock system of the rural land bank. By showing the existing problems in the capital and stock system of rural land bank policy, I will discuss about the multiple-source structure and the development characteristics of collective multiple property structure.The third chapter is about the analysis of the establishment and governance of rural land banks. Analyzing the current establishment model of rural land banks, I will talk about the special characteristics and development need of rural land banks’ establishment, internal governance structure and business operation in our country from the perspective of theory and practice.The fourth chapter introduces the legal system of income distribution in rural land banks. It talks about the problems in rural land bank income distribution status in five perspectives including the rural land owner, depositing people, loan people, government and local banks itself.In the fifth chapter, I will analyze legal problems of China’s rural land bank by talking about the legal problems in the rural land bank establishment, the operation process and the related legal system of rural land banks.The sixth chapter puts forward the solutions to solving problems in the legal system of rural land bank in china. I will give some specific advice on the establishment, operation and supporting system of the rural land banks to improve the legal system in rural land banks.