Research On Legal Risk Prevention Of Collective Land Asset Securitization

In the financial system construction process,In addition to following the financial system and financial instruments of the developed capital markets in overseas countries step by step.We must also focus on combining overseas situations with our country’s specific practices.Different from the economic system of private ownership in the West,our economic system is public ownership.The public ownership component is a system composed of the state-owned economy and the collective economy and has its own uniqueness.This requires that the process of financial development change according to the realities of our country’s economic system.Asset securitization is a well-established mainstream financial instrument in private-owned countries.It has also been promoted in our country for a long time.And gradually become the mainstream financing channels.The practice of asset securitization in our country is necessary to integrate into the nature of collective economy,the main property owned by the collective is the land assets,Therefore,land assets will become an indispensable part of asset securitization.Land reform is the most important part of China’s comprehensive deepening reform.In recent years,macro policies such as improving the rural land allocation method,implementing the strategy of revitalization of the countryside and so on,have been constantly improving,Vigorously promote land reform,support land reform to create property income,and encourage land support and participate in a new round of rural financial reform.Under the dual background of rural finance and land reform and development,we need to pay special attention to the risks of various financial instruments,and how to prevent risks in land securitization is an important problem to be solved.This paper focuses on the securitization of collective ownership of land and discusses its risk prevention.Through the risk types and risk reasons of collective land securitization,analyze the two factors and find out the problems,and put forward preventive measures combined with the trend of reform and the current situation of rule of law.The article is divided into three parts.The first part is an overview of the collective land asset securitization,first defining the definition,extension and existence form of collective land in the legal sense.Secondly,the meaning and types of collective land asset securitization are described.The significance of carrying out asset securitization in collective land is demonstrated in several directions.The second part discusses the legal risk analysis of collective land asset securitization.Firstly,the paper explains the risk types of collective land asset securitization,and explains the causes of each risk in the type.Secondly,the necessity of these risk prevention is demonstrated from different perspectives,and finally the existing problems in risk prevention are pointed out according to the risk type.The third part focuses on the problems of the last part,and puts forward the measures to solve each risk in the light of existing rule of law and prospect reform.The use of these measures to prevent risks can guarantee the stability of asset securitization from issue to end.