Land Bank In Our Country Legal System Building

Development of rural economy,realize the agricultural development is build a well-off society in China,an important part of modernization.As an important asset of farmers,rural land is the key to make farmers rich and rural development.With the accelerating of urbanization,rural labor force to cities in young adults,at the same time,the industrialization and scale management of agriculture to produce new rural land demand,in two aspects,under the joint action of agricultural land circulation market active,needs to be an efficient and authoritative institutions to run from it.But subject to the rural land property rights system and the actual situation of urban and rural dual structure,the right to the contracted management of rural land circulation developed slowly,failing to play a role of expectations.Along with the central constantly on two land rights mortgage pilot policy,also have sprung up around land mortgage agencies to carry out the business,but all sorts of problems in practice,such as single source of funds,business scope is narrow,unequal income distribution problems,these problems not only hinder the rural shangdi orderly and healthy development of the bank,also affected the process of rural land capitalization,to set up a special national unified management of the land bank become inevitable.Land bank in a foreign country has rich experience in development,to build with Chinese characteristics in our country,comply with the actual land bank of China for reference.Based on defining the related concepts of land bank,on the basis of clear the nature of the rural land bank is the policy financial institutions,on this basis,combining with our country's current rural complex,two right circulation circulation process is not standard,the transfer mechanism is not sound,and setting up the transfer of the business scope is not clear,form a complete set of system is not sound,legal regulation has the problems such as vacancy,put forward our country to set up the rural land bank need to clear the nature of the land banking,the business scope of the land bank,set up the main body and the governance structure,improve the system of land mortgage and interest rates to determine,and improve the mechanism of income distribution and legal supervision.And Suggestions for the perfectionof land bank pork stomach related,need to modify the "land management law" and "property law",and to improve the land price assessment mechanism,improve the system of land property right,market and government work together.In this paper,besides foreword and deduction part,are splited into four parts:The first part is a brief introduction of land bank.First on the basis of clear the meaning of the land bank,will land banking and land reserve institution,land circulation intermediary organizations and the rural credit cooperatives,and points out that the land bank is different from general commercial Banks,policy Banks and agricultural development bank,the nature of the bandits bank should be a policy-based financial institutions.In view of the present condition of rural land conveyance,and consider the current point our country land character and land policy,for the essence of the land bank has established,that the establishment of land bank has important hypothetical consequence and efficient consequence.And analyzes our country to set up the land bank exists realistic obstacles but,our country also have set up the conditions of the land bank,analysis the feasibility of land bank set up a path.The second part is to our country to set up the necessity and feasibility of land land bank is analyzed.First discusses the present rural land conveyance form,and consider the current time our country rural financial development can not meet the needs of the farmers loans,farmers loans difficult problem needs to be solved,at the same time the loss of rural labor force and rural mass production needs to make rural land use was flawed,that the establishment of land bank has important speculatory substance and banausic substance.Then has analyzed our country to set up the land bank is reality,but also have set up the conditions of the land banking in our country,analysis the feasibility of land bank set up a path.The third part draws lessons from overseas advanced system.Land banking system is flourishing countries chief Germany and the United States,Germany,the land bank to take the form of \ "bottom-up\",issued a government-guaranteed bonds land as the main source of funds;The federal land bank is to take the form of top-down,agricultural credit business as the main business.On this basis,the analysis of the legal system of foreign land bank for the construction of legal system of land bank of our country have a source of funds,the scope of business and land bank run.The fourth part is the establishment of land bank of our country law idea is put forward.This part is a core part of this article.Main land from the bank of the basic legal system building,to perfect the system of collective ideas and form a complete set of legal system in this paper.For our land bank separate legislation and nature positioning.Land bank specific legal system construction can be from the scope of business,set up the main body,the governance structure,land mortgage and interest rates determine the relevant system and income distribution,legal supervision mechanism and risk prevention mechanism set aspects.Land Banks do not exist in isolation,it involved in related legal changes,also involves the perfection of the relevant financial system,such as land price assessment mechanism and land property rights system,sets up a land bank in,also want to consider the market and government to play a role.