Research On The Legal System Of Rural Land Bank

Land is the life blood of farmers.Improving the value-added benefits of land can not only increase income of the farmers,but also promote the deepening of land system reform and stabilize social order.At present,the household contract responsibility system is implemented on the basis of collective ownership of rural land in China.The "big country and small peasants" are the basic farming conditions.The traditional management modes,such as scattered land and low operating efficiency,are not conducive to the development of agricultural modernization.With the development of urbanization,rural land is largely idle and wastes land resources.Under the promotion of national policies and laws,promoting land circulation and developing economies of scale are conducive to revitalizing land resources.Especially under the policy of "separation of three powers",the separation of land contractual rights and management rights requires the revitalization of land contractual management rights and the cultivation of new business entities,which provides creative opportunities for exploring the rural land banking system.The amendment of the Rural Land Contract Law and the promulgation of a series of legal documents such as the "Central Document No.1" in 2019 require that in deepening the reform of rural land system,the land circulation system should be further standardized,and the guarantee financing of contracted land operation rights should be allowed,which provides policy and legal guarantee for the construction of rural land bank system.At the same time,the model of rural land bank in China should be permitted.The continuous exploration and development of many regions,through the analysis of various legal problems in the practice of research,can provide more reasonable suggestions for the construction of the legal system of rural land bank.Rural land banking system is a new economic organization based on mortgage financing of land contractual management rights,taking land "deposit and loan" as its main business,promoting land circulation,making land scale and intensive production,and safeguarding the farmers legitimate rights and interests.This paper is divided into three parts: introduction,body and conclusion.The main body is divided into four chapters.First,for the introduction,introduce the background of theconstruction of China's rural land bank law.Then,by introducing the purpose and significance of the system construction of rural land banks in China,on the basis of summarizing domestic and foreign research,this paper puts forward the research ideas,methods and innovations of this paper,in order to provide some suggestions for the study of the legal system of rural land banks in China.The first chapter is an overview of the legal system of the land bank.On the basis of the concept and characteristics of land bank,there are three types of definitions of agrarian banks in the academic community;specialized financial institutions,land reserve institutions,and intermediaries.In practice,rural land banks mainly have the intermediary function of land transfer..By demonstrating the legal basis and practical feasibility of the legal system of rural land banks,it is considered that it has the significance of guaranteeing farmers' property rights,realizing farmers' financing rights and promoting agricultural modernization.The second chapter is the institutional basis of rural land banks and the practice mode at home and abroad.Firstly,it analyzes the foundation of the rural land bank legal system,including the collective ownership of rural land,land contracting rights and land contracting management rights,and provides theoretical basis for the construction of rural land banks.Secondly,it introduces Ningxia Pingluo model,Chengdu model,The exploration model of China's rural land banks in Hunan Laoshan model and Henan Linyi model,analyzes the similarities and differences in its model,summarizes the development rules of rural land bank pilots in China,and provides reference for the construction of rural land bank legal system.Thirdly,it analyzes the models of foreign land banks,such as the background of the establishment of the US Federal Land Bank and the German Land Bank,the source of funds,the organizational form,and the prominent features,and summarizes the implications of foreign models for the construction of rural land banks in China.The third chapter is the dilemma of the legal system of rural land banks in China.This paper introduces its problems from three aspects: First,the low level of legislation leads to insufficient legal protection,which is reflected in the lack of the highest level of legislation and the unified upper law;secondly,excessive government intervention leads to imperfect market mechanisms,mainly Caused internal management confusion,disengagement from thewillingness of participants,limited funding sources,weak awareness of farmers' risk prevention,affecting the development of rural economy;Third,supporting systems for rural land banks such as agricultural land value assessment,land mortgage registration and social security systems Not sound enough is not conducive to the construction of the legal system of rural land banks.The fourth chapter provides some suggestions for the construction of the legal system of rural land banks.Firstly,it expounds the macro-structure of the rural land bank,including its organizational structure,legislative principles and the legal provisions for the formulation of rural land banks.Secondly,it regulates the specific system of rural land banks,through its governance model,funding sources,regulatory systems and risk prevention mechanisms.In order to ensure its normative and orderly operation,at the end of this paper,some suggestions for constructing the land value assessment system,the land confirmation system,and the rural social security system in the supporting system of rural land banks are proposed.