Study On The Legal Way To Sustainable Development Of Agricultural Development Bank Of China

Since it has been established, Agricultural Development Bank of China (ADBC) plays an active role in directing funds to the area of agriculture and promoting the development of agricultural economy. Along with construction of new socialist countryside in China and proceeding of the reform of policy banks, sustainable development of ADBC faces new challenges. The problems of the direction of development, financing institutions, management, business management and other issues restrict a sustained and steady development of its own, at the same time, it will also impair the function of promoting agricultural economy. Scholars often analyze the difficulties that are encountered by ADBC from the angle of economics; relatively speaking, they pay less attention to it from the legal angle of view. In the study of financial law, hot spots concentrate in the area of central bank law and commercial banking laws, however, the theory research in agricultural policy bank law is much less. Agricultural policy finance is a way of State intervention in the economy, and as a basic legal form to regulate the State intervention in the economy, economic law is necessary to respond to the above problems. Therefore, this article take the question consciousness as the guidance, using the theoretical analysis, the historical analysis, the empirical analysis, the comparative analysis unified method, explore a way of sustainable development of ADBC from the legal angle of view.This paper is divided into four parts excluding the introduction and conclusion:The first part is entitled by the theoretical basis of sustainable development of ADBC. This part, beginning with summary of sustainable development theory and sustainable development theory of the financial, considers that sustainable development theory widely used in various fields such as economics, law, has become the guiding ideology for formulation and implementation of laws and regulations in China, besides, issues of sustainable development of financial should be concerned about coordination of the dynamic relationship between financial and economic. And then, two layers connotation of sustainable development of ADBC that are a continued ability of self-development, and playing its own capabilities in order to promote sustainable development of economy and society are deduced on the basis of above analysis, and the agricultural policy finance theories. This part attempts to define concepts and clear discussion. The second part is entitled by law review of sustainable development of ADBC. Firstly, this part analyzes the history and present situation of ADBC, and notes that the development of ADBC has close ties with economic and social background, so that ADBC need to continuously adjust to the changing external environment, however, sources of instability, unscientific management mechanism, blur the scope of business are important factors which are restricting sustainable development of ADBC at the present stage. Secondly, this part focus on the issues from the perspective of law system, and considers that the important institutional sources which cause ADBC to encounter difficult situation are lack of legal status of development direction, lack of legal norms of relations between bank and government, many defects of the existing rules and norms and so on.The third part is entitled by international comparison of legal system of agricultural policy finance. This part selects United States, Japan, and Thailand three representative countries'agricultural policy finance to provide an overview of the legal system, focusing analysis of national laws on the agricultural policy finance institutions'functional location, sources of funding, organization and management, business scope, and summarizes the legal system of countries in the form and content worthy of our reference.The forth part is entitled by design of the way to sustainable development of ADBC. This part, the core focus of the discussions, attempts to research into the necessity, feasibility and specific measures of achieving the sustainable development of ADBC through the legal way. First, using jurisprudence and economic law theories and combined with comprehensive analysis of the reality, this part considers that dependence on legal way to sustainable development of ADBC is founded on both theoretical basis and practical feasibility. Next, with consideration of the main problems of the sustainable development of ADBC, this part presents some specific countermeasures to solve the above problems by constructing and perfecting the legal system from determining the direction of development, identifying the legal status of the development, creating management system, structuring operation system and so on.