| Along with the implementation of Chinese agricultural industry policy, modem agricultural cooperation cooperatives have been coming forth in Chinese country area since 1990's, and tend to be flourish. Modem agricultural cooperatives, for the purpose of satisfying mutual requirements of agricultural industry, in the form of self-ruling economic organization with joint ownership and free supervision are organized by farmers who take up agricultural production, which differ from old Chinese traditional agricultural cooperatives and cooperation campaign of New China, play an important role of connecting separate country families with market. As a sort of system arrangement, the emergency and development of modem agricultural cooperatives, taking the form of system change and variation, not only imply Chinese country residents requirement for the potential interest of system in market economy, but also embody the process of integration between modernization and tradition Of Chinese agricultural system, what's more, indicating the foreground of Chinese country economic and social development.This paper, based on the contemporary background of implementing the tragedy of agricultural industry and constructing socialist new country, focusing on our agricultural cooperatives, utilizing the methodology of combining theory with practice and comparative study, combining with the study of economics, sociology and physiology, tries to carry out a systemic and deep research for the theory of our modem agricultural legal system. In order to reach the foregoing purposes, this paper accumulates main studies of modem agricultural cooperatives in and out of China, indicates the essence of modem agricultural cooperatives by comparing with traditional agricultural cooperatives, defines and analyzes Chinese modem agricultural cooperatives from a standpoint of legal study and Chinese fundamental realities. In accordance with the basic theories of system change doctrine, market exchange doctrine and social differentiation and integration, the paper emphasizes to set up the theoretical support forlegal system of modem agricultural cooperatives, in which the value and function of legal system of modem agricultural cooperatives have been analyzed and addressed. As to the specific legal system of modem agricultural cooperatives, the paper offers a valuable research outline for the legislation of modem agricultural cooperatives through the cooperatives establishment, cooperatives implementation, audit supervision and governmental support. Moreover, the paper provides an overall recitation on Chinese Specialized Farmer Cooperatives Act, analyzing the upsides and downsides, progress and achievements thereof, and presenting a reasonable suggestion for future perfection. Hence, author highlights to offer a rationale theory and systemic analysis for our modem agricultural cooperatives through this paper. This research paper consists of six chapters, apart from Introduction and Epilogue, in which Chapter 1 is Jurisprudential Clarification of Chinese Modem Agricultural Cooperatives, Chapter 2 Theoretical Basis for Legal Systems of Chinese Modem Agricultural Cooperatives, Chapter 3 to Chapter 5 Concrete Legal Systems of Chinese Modem Agricultural Cooperatives, Chapter 6 is the Comment of Chinese Specialized Farmer Cooperatives Act.Introduction part presents detailed inforrnation about background, purpose and significance of this research paper, analyzes relevant research realities about modem agricultural cooperatives both domestically and internationally, illuminates the clue and methodology of study and the basic structure.Chapter 1 Jurisprudential clarification of CMAC. This part consists of five sections, separately including complicate development history of New China agricultural cooperatives, which reviews and comments new china agricultural cooperatives campaign and explains the basis and realities of our modem agricultural cooperatives; implication of our CMAC, which contains four fundamental analyzing steps: the first is the definition of cooperatives, the second is definition of agricultural cooperatives, the third is integration between modernization and tradition of CMAC, the last step is legal characters of CMAC; analysis on basic characterization of CMAC; basic classification of CMAC; the fifth part compares and deepens our modem agricultural cooperatives and other organizations on the basis of aforementioned analysis and summarization.Chapter 2 Theoretical basis of CMAC' legal system. This chapter is composed of four sections, separately are that section 1 is the necessity of legalizing CMAC by system-changing theory; section 2 theoretical support for CMAC by exchanging cost theory and theory of social differentiation and integration, section 3 continues the foregoing sections to analyze the value of CMAC from the standpoint of legal philosophy, mainly including values of social justice, social effectiveness and economic democracy; section 4 mainly focuses upon CMAC's functions, including but not limited to guiding organization function, agricultural market-improving function, rural -urban harmonious development function and farmers fights-and-interests-vindicating function.Chapter 3 Research on establishment system of CMAC. This part contains five sections with the aspect of systems construction. Section 1 reviews the developing tendency of the establishment principles of modem agricultural cooperatives, combining with the general rules of establishing legal entities in our country, brings up that the establishment of modem agricultural cooperatives shall conform with the principle of stringency. Section 2 discusses three legal requirements, namely including establisher, establishing behavior, and establishing registration. Section 3 points out the main content of CMAC' charter on the basis of the autonomy theory of CMAC and international legislation experience. Section 4 closely watches the members and members' rights in CMAC, including but not limited to members legal status, legal requirements for CMAC's check-in and check-out, legal characters, content, implementation and relief of members' rights. Section 5 regards the legal investment in modem agricultural cooperatives, analyzing and emphasizing the types and requirements of investment, in which the investment of land-contracting rights shall be taken much concern and sequentially proved in this regard.Chapter 4 Research on operation system of CMAC. This part consists of five sections after foregoing establishment system. Section one is about CMAC's institutions and operation, in which institutions thereof shall be set up in conformation with needs of governance after separation between ownership and management, and in accordance with the principles of protecting members, balancing management, and efficiency. Consequently, the section attempts to research on such three institutions as member meeting, council meeting and board of supervisors. Section two is about distribution system of CMAC, points out the distribution orders under CMAC on the basis of analysis on distributing characters and principles, with reference to our enterprises financial system; and simultaneously analyzes the distribution of cumulative funds in dispute, finally comes to conclude that experience of Denmark shall be referred in this regard. Section three is about merger and separation system of CMAC, in which the paper concerns the legal characters of cooperatives merger, merger procedures thereof and legal consequence thereafter; analyzes the separating procedures thereof and legal consequence thereafter on the basis of cooperatives separation. Section four is about dissolution and liquidation system of CMAC, in which the paper defines the concept of cooperatives dissolution, classifying it into voluntary dissolution and imperative dissolution, analyzes the reason and legal effect of cooperatives dissolution; then bring up the question of liquidation after dissolution. Section five is about the union system of CMAC, in which the necessity and forms of union system are highly stated and proved in accordance with our national realities and international experiences.Chapter 5 Audit and government-assisting system of CMAC. This part includes two sections, namely audit system and government-assisting system. Section one firstly demonstrates the necessity of audit system on the basis of various countries and regions all over the world, and classifies it into autonomous audit system and governmental special audit system by consulting other countries and region's legislation in this regard, emphasizing the importance of governmental special audit System. Section two states the appropriation of government-assisting system, analyzing the principles and main content of constructing government assisting system pursuant to international experience.Chapter 6 Comment on Chinese Specialized Farmer Cooperatives Act. On the occasion of accomplishing this paper, Chinese government issued Chinese Specialized Farmer Cooperatives Act. In this respect, author adds this chapter to comment on this new act after carefully examination, mainly focusing on its legislative background, achievement and progress, limitation and deficiency and legislative expectation.Epilogue part summarizes the creativity and significance of this paper, in which some deficiencies are simultaneously mentioned and expected to make up in future.
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