Improvemengt Of The Legal System Of Land Banking Financing

Land banking means that in order to enhance the government's macro-control ability of urban land use,unify and standardize the land transfer market,promote the rational and optimal allocation of land resources,strengthen the implementation of national economic and social development planning,land use planning,general land use planning and urban and rural planning,the competent department of land and resources shall carry out unified pre-development and ripening of land acquired according to law.After that,mature land control,storage and management will be developed for external supply.In land banking,there is a large amount of capital demand for expropriation compensation,demolition and resettlement compensation,pre-development and consolidation,multi-links and one equality.Adequate funds are the basis for the smooth operation of land reserve activities.Therefore,land banking financing activities play an important role in the land reserve system.Since the establishment of land banking system in 2001,the land banking financing methods used in practice include financial allocation,state-owned land income fund,land management income,bank loans,land banking special bonds,the public-private partnership(PPP),asset support special plan,trust plan,etc.These financing methods have raised a large amount of funds for land reserve,which has greatly slowed down.Understand the financial pressure of land reserve institutions to ensure the smooth development and successful operation of land reserve work.However,due to the lack of high mandatory,unified,validity,stability and universality of the legal class of'the restrictive documents,the practice of land banking financing in various parts of China has greater flexibility and arbitrariness.There are the following problems:the legislative policy standards are not uniform,financing means and processes are in violation of the existing legal provisions,the existing system provisions.There are many shortcomings,such as the change of government behavior,the singleness of financing channels stipulated in legal documents,and the insufficiency of financing effect.These problems seriously hinder the further popularization and application of standardized and legal land banking financing methods,and are not conducive to the unified development of land banking financing activities in China.This paper introduces the specific ways of land banking financing practices in different places,sums up the reasons why different ways of land banking financing violate the current relevant civil and commercial laws and central policies,analyses the advantages and disadvantages of four modes of pre-development practice of land banking in China,and refines the main legal defects of land banking financing activities in China.On the basis of discovering and analyzing the problems,this paper puts forward the ideas and Countermeasures for perfecting the legal system of land banking financing in China,that is,defining the right attributes of land banking according to legal logic and civil and commercial legal principles,laying the real right legal foundation for external financing of land banking,and strengthening and perfecting the existing legal system guided by the normative documents oin land banking financing issued by the central government.Land banking financing mode;Acknowledging the validity and rationality of the new land banking financing mode explored in practice with a critical absorption attitude,absorbing the legitimate,beneficial and practical parts of the land banking financing practice in various places with a long-term and short-term thinking,and improving the system of land reserve financing in China;When conditions are ripe,the land banking financing system can rise to the administrative law of the State Council.Legislation at or above the regulatory level should be integrated,standardized,stable and universal laws and regulations on land reserve financing,uniformly regulate local governments'land banking financing behavior,strengthen the binding force of external financing of land banking,promote diversification of land banking financing,and expand the scale of land banking financing.