Principles On The Legal System Of The Cooperative As A Subject

When the 2009's financial crisis sweeps in the worldwide, the unique functions of cooperative is proved again in stabilizing employment, improving welfare and uniting the members in the crisis. On December 18,2009, the 64th session of UN General Assembly adopted a resolution in which the cooperative's contribution to economics and society is been highly affirmed, and declared 2012 to be the International Year of Cooperative. In recent years, cooperative experiencing ups and downs revivals in our country and impels " Farmers' Professional Cooperative Law " to be enacted. However, compared with the development of cooperative legislation in the world, there is still a considerable gap in our legislative practice and theory research. Therefore, research on the general principles of the legal system of cooperative subject has great theoretical and practical significance in improving the theory and legal systems of law of cooperative subject. This paper totally consists of six parts.The first part is introduction. This part mainly clarifies the purpose and significance of the topic, summarizes the domestic and foreign related law literatures, confirms the research scope and object of this paper and introduces the research approach, framework and the main content.The second part is the functional theory on civil subject. This part which is the theoretical starting point of this paper consists of three sections. Section I firstly confirms the concept of "legitimacy" in this paper and proposes to establish the legitimacy of the civil subject's status. Section II analyses the shortcomings and inadequacies of the theory on civil subject in explaining the legitimacy of the establishment of the legal person's civil subject's status. Section III puts forward the functional theory on civil subject. Summarizing the discussions of scholars, this paper restates the main points of the functional theory on civil subject.The third part is cooperative's function. Taking several typical samples of cooperative for example, based on the results of preliminary studies, this part analyses the unique functions of cooperative compared with other social organizations. This part is divided into two sections. Sectionâ… mainly introduces several typical samples in the history of the world cooperative movement. Sectionâ…¡analyses the experience and lessons of the movement and reveals the unique function of cooperative both in the economic and social fields.The fourth part is the civil subject's status of cooperative. This chapter is the analysis of establishment of the civil subject's status and its legal person's classification by the study of the Comparative Law. It's divided into four sections. Sectionâ… pointes out two important factors impacting the legislative decisions. Sectionâ…¡is the comparative research on the law sources of the world's cooperative. Sectionâ…¢focuses on the comparative analysis between the civil subject's status of cooperative in the two genealogies of law. Sectionâ…£discusses the position of cooperative in China with the normative meaning.The fifth part is the arrangement of main legal system which is "centre on the members". This chapter focuses on the centrism of members reflecting the cooperative's unique function, discusses the general principles and key issues of the specific institutional arrangement such as the system of cooperative membership, organizations, institutions and rules of conduct, the structure of cooperative property rights and surplus distribution system. This chapter is divided into three sections. Sectionâ… focuses on the open membership under the principle of "Voluntary and Open Membership" opening up membership. The second section mainly discusses the cooperative's organization and system arrangement of rules of conduct how to reflect the "Democratic Member Control". Sectionâ…¢is the research on the structure of cooperative property rights and surplus distribution system which reflects the principle of "Member Economic Participation".The sixth part is the future of research on legal systems of cooperative subject in the context of globalization. The purpose of this section is to emphasize that the research on legal systems of cooperative subject in the context of globalization need complete the "knowledge transformation", face the situation of globalization, and simultaneously face the current actual development of China's cooperative.