安徽农业大学学报（社会科学版）2025，Vol.34Issue(1)：110-121,12.DOI:10.19747/j.cnki.1009-2463.2025.01.012
农地资产证券化法律制度建构研究
Research on the Construction of the Legal System of Rural Land Asset Securitization
摘要
Abstract
Rural land asset securitization plays an important role in improving the utilization efficiency of rural land assets,solving farmers'financing problems and promoting rural economic development.Compared with other ways of capitalization of rural land assets,the rural land asset securitization has obvious advantages,but the lack of specific practices in China confines its instrumental value to the theoretical level.Such a lack of practice is mainly due to institutional obstacles,including the ambiguity of securitizable agricultural land scope and underlying rights,limited credit enhancement mechanisms,absence of management entities and insufficient legal guarantee for the establishment and operation of special purpose vehicles.Guided by the principles of farmer trust and agricultural land efficiency realization,the legal system of rural land asset securitization should include agricultural land,collectively-owned commercial construction land and unused land into the scope of securitization,and take the corresponding land management right and the right to use collectively-owned construction land as the basic rights of securitization.The credit enhancement system should be enriched through external methods such as establishing policy-based insurance companies and encouraging rural commercial banks to issue standby letters of credit.Special rural land stock cooperative should be set up as the original equity manager to manage and transfer rural land assets on behalf of farmers.Special purpose trust should be selected as a special purpose vehicle for rural land asset securitization,and specific rules for its establishment and operation should be introduced.关键词
资产证券化/农地资产/土地利用/特殊目的载体Key words
asset securitization/rural land asset/land utilization/special purpose vehicle分类
社会科学引用本文复制引用
刘辉,吴俊雄..农地资产证券化法律制度建构研究[J].安徽农业大学学报（社会科学版）,2025,34(1):110-121,12.基金项目
湖南省社会科学基金青年项目"湖南省地方金融立法研究"(19YBQ027) （19YBQ027）
