The Legal Regulation On Private Capital In The New Rural Construction Land Use

With the2014national annual meeting,rural reform become the focus once again. Along with the advancement of agricultural land approval work, is expected to gradually let go of the rural land transfer, lease, mortgage, a variety of ways to enter the market circulation of the path, it will help the traditional pattern of rural land use pattern and great impact. On rural collective land ownership, and maintaining the basic form of household operation, and maintenance of1.8billion mu of arable land,"red line" under the premise of the reform of rural land use space is enough. From policy trends, academic discussion on the reform of rural land property rights system of basic temporarily not pushed to the real situation, because on the one hand, household contract responsibility system has been more than30years, although during the operation of some inappropriate questions, but in the current economic system environment still has fundamental significance. On the other hand, the theoretical research has proved that the plight of the current rural land property rights system can be overcome through policy level. In both fundamental change policy to save, first to fully understand exactly what kind of problems, rural land use system what is the cause.In this paper, based on this thinking, combined with the research on rural land use practice found that the folk financial hidden in the rural land use comprehensive analysis, and points out that the current folk finance plays an important role in the rural land use. Research found that the folk financial already exist in the history of the rural land use, and with the various periods of different policy environment gradually strong or weak, if it is a national policy to play a leading role in the rural land use, the folk finance is relatively small, but has not gone away, and once as a result of the action of a period policy tends to be constant or do not conform to the actual and become a form of rural economic development, the folk financial will comply.According to the content of the rural land use of empirical research, analyzes the current phenomenon of rural land use and the reasons, points out that the various policy tools while still dominant in the farmland use, but due to the change of rural economic environment and the new change of farmland use has great limitation, policy role tends to be constant, rural land use is still going on all sorts of great changes, then combined with the theory of domestic and foreign research results, to dig deeper into farmland using typical cases, found the folk financial participation in the land use is shocking. In general, the folk finance and land use of the combination of both make up for a lack of formal financial support the significance, there are also many worrying uncontrollable factors. To this end, the article fully analyzes the land use in the logic of the folk finance, and based on the comparison of agricultural land use policy abroad, found the foreign rural land use is also different levels of private finance, but many countries have already realized the function and characteristic, therefore be included in the national rural credit support system, is to give full play to the role of the private financial, achieved the effect of effective regulation and clever. From the point of domestic research literature, emergence and development and the rural folk finance in China’s formal financial supply has important relationship. Based on the above analysis, this paper puts forward the land use in the folk financial governance, namely first solve the problem of farmland using supporting system to improve and give full play to the role of the policy, incorporate the overall development situation of rural land use under the national macroeconomic regulation and control system. At the same time, given the private finance has complementary role in formal financial cannot cover the replacement, on the one hand, we will still have to continue to encourage its development, but should be foresight, it must be as soon as possible to eliminate the negative effect, this needs through the power of the law governing the specification and guidance. To this end, we based on the folk financial operation law, combine the experience of foreign folk financial regulation, put forward the private finance still has the possibility of constraints in contract, it demands for national mandatory intervention is not very strong, therefore suggested by the representatives of the nature of private law, civil law to be discussed or ZhuanJie regulation, focusing on its organization mode, market access, access to capital, build a legal regulation system design.