The Construction Of The Legal System Of Rural Land Bank In China

The land banking system originated in Germany and was in the United States,which was used to solve the problem of low efficiency of land resource utilization due to the overspread of agricultural land in the process of rapid social development.Though conceived in private ownership of land on the basis of the land banking system has its inherent guide advantage,on the premise of disciplinary self-determination and free flow,to ensure that the property rights of farmers to own links up with the social demand.But land individually-owned basic conditions and the note in advance of its in the process of expansion to the society must exist limitations,especially in the social circumstances of reality in our country,based on rural collective land ownership of the land use pattern,led to the farmers just within the contracting authority in a fixed with the corresponding land moderate management rights.In fact,with the real right law for certain right to the contracted management of rural land property right,and right of the central developed two mortgage pilot break the limit of rural land circulation,such as a series of policies,the establishment of the land bank system in our country has opened up a gap in terms of legal theory.However,due to various deficiencies and defects in the practice of domestic land Banks,the research results of the legal level are relatively few,which directly affect the further development of the land banking system.Based on concept and legal nature of the land bank,on the basis of clear,by comparing the foreign land bank system of the pilot with the domestic research,through the developed countries and developing countries the advantages and disadvantages of the land banking system comparison and analysis,summed up the legal system of our country rural land bank there are set up,run,and the lack of supporting system from three aspects.In particular,the construction of the legal system of rural land bank in China should firstly define its existence form as the agricultural service institution with policy,intermediary and financial side.It is clear that its capital system is the dominant position of state capital,and non-agricultural capital should be restricted to the overall economic planning of the country;It is clear that its extend the asset securitization and other businesses to improve the land banking service system.It is clear that the mode of governance is not directly controlled by the government or the influence of government indirect plan,but the corporate governance mode under the premise of government guidance.Secondly,the risk prevention mechanism should be established,including the prevention of legislative risk,function risk and derivative risk.Through the comprehensive system design of China's land banking system,the superiority of land banking system is given,which provides theoretical support for the sustainable development of China's soil.