| The development of agriculture is inseparable from the economic cooperation of farmers.China has a weak agriculture foundation as well as a huge income gap between urban andrural areas, in such historical background, it is much more necessary to disperse the farmers’economic cooperation in order to solve the urban-rural dual conflict and raise the income ofthe farmers. The farmers’ economic cooperation should have some institutional foundationand structual support. The cooperatives is the typical form of foreign collaboration economyorganization, on which the western countries have specific legislation. Although differentcountries have different political, economic, and social background, the fundamental purposeof making the cooperative law aims at protecting farmers, consumers and competition topromote the development of national economy and improve people’s living conditions. Withsuperfluous agricultural labour force and weak agriculture foundation, farmer’s professionalcooperation can not only help farmers resist natural risk in agricultural industry, but alsoadvance farmers’ weak position in market negotiation as well as enhance farmers’ ability ofusing the game theory, in order to bring more agricultural profit to the countryside, raisefarmers’ manufacturing enthusiasm, and increase the income of farmers. The rationalconstruction of farmer’s professional cooperatives system can provide good organizationalfoundation and institutional guarantee for developing rural industry and raising the income offarmers. Chinese farmer’s professional cooperatives have been developing rapidly withsharply increasing number. However, due to some reasons, there are some problems generallyexisting in the Chinese farmer’s professional cooperatives, such as low operating effiency,looseness or even deficiency of management structure, insufficient impelling-bindingmanagement mechanism, etc. The reason for such problems lies mainly in the problems of themanagment, farmer’s professional cooperatives itself, and the law, in which the problem offarmer’s professional cooperatives itself, as the internal factor, plays a key role. The key ofsolving the problem of low efficiency is to improve the management of farmer’s professionalcooperatives. China has enacted Law on Farmer’s professional Cooperative, but due to therestriction of historical reasons and legislation concepts, the related legal provisions are stillcrude, some necessary provisions have not yet been drawn up or have huge shortness,especially the provisions of managing famer’s professional cooperative.The historical premise that Chinese agriculture at present is weak and farmers have low income could not be ignored when studing the problem of managing famer’s professionalcooperative. The study of rural problems can not avoid the historical background that Chinahas too little land, too many farmers, and superfluous rural labor force, Chinese agriculture isin a weak position in the national economy, and the gap between urban and rural areas iscontinuously increasing. In the current historical condition, the inborn weak position, theimportant status and function of Chinese farmer’s professional cooperatives is the objectivereality which should be considered when studying the problem of managing farmer’sprofessional cooperatives. At present, in the historical backgroud of the increasing incomegap between urban and rural areas, inferior income of farmers that is difficult to be increased,weak agricultural foundation, big fluctuationin the price of agricultural commodities, andsuperfluous rural labor force, how to make full use of the positive effects of farmer’sprofessional cooperatives, under the premise of ensuring the property of farmer’s professionalcooperatives, to improve the management efficiency of farmer’s professional cooperatives, isa key task for the academic and practical field. The study on the management of Chinesefarmer’s professional cooperatives could not be divorced from the practical and developingstages of Chinese farmer’s professional cooperatives, as well as the specific behaviours ofChinese farmers in the restriction of specific resource endowment and habitual culture,otherwise, any reasonable proposals of the cooperatives will merely be a castle in the air.Comparing to that of the cooperatives in the developed countries and regions, themanagement of Chinese farmer’s professional cooperatives has a bigger disparity in theaspect of the establishment of management concept and basic principle as well as theconstruction of specific rights and obligations, which is still needs to be perfected at both thetheoretical and practical level. Chinese Law on Farmer’s professional Cooperative hasstipulated the orgnization of farmer’s professional cooperatives in the fourth chapter. Due tohistorical reasons and the restriction of legislative technique, there are a lot of omissions inthe institutional regulation of managing the cooperatives. Due to insufficient institutionalsupply and deficiency of related rights and obligations of farmer’s professional cooperatives,there is no normative guidance for the management practice of Chinese farmer’s professional cooperatives, which causes inefficiences of managing the cooperatives. The perfection of themangagement of farmer’s specilized cooperatives is the key point to increase its efficiencyand achieve its social function. However, the study on the management of farmer’s specilizedcooperatives is often ignored in acdemia, with rare related legal treatise and thesis. Then thisthesis discusses the related foundamental theories of the management of farmer’s specilizedcooperatives as well as proposes some suggestions on related specific institutions, in order tocontribute to the perfection of the management of Chinese farmer’s specilized cooperatives.In addition to the introduction, this thesis is comprised of five parts.Chapter One analyzes the foundamental theories of the management problem of farmer’sprofessional cooperatives. At first, this thesis interpretes the notions of farmer’s professionalcooperatives and the management of farmer’s professional cooperatives. On the basis ofanalyzing the notion and characteristics of farmer’s professional cooperatives, this thesisbelieves the management of farmer’s professional cooperatives is the related institutionalarrangement and mechanism aiming at protecting the legitimate interests of farmer’sprofessional cooperatives and all the members, connecting and regulateing the relationship ofrights and obligations among cooperatives meeting, coucil, board of supervisors, manager,and members. From the legal perspective, the management of farmer’s professionalcooperative concerns the arrangement of rights and obligations among the organizations andbetween organization and members, with the purpose of protecting the interests of farmer’sprofessional cooperatives and its members by constructing a reasonable model of rights andobligations. The management of farmer’s professional cooperatives should include themanagement structure and management mechanism. Secondly, this thesis defines theprinciples of the management of farmer’s’professional cooperatives, believing that themanagement principles should include labor priority principle, democracy managementprinciple, principle of fairness and efficiency, principle of separating powers, and principle ofchecks and balances. Thirdly, this thesis analyzes the management of farmer’s professionalcooperatives from the perspective of legal phylosophy and legal economics, demonstratingthe rationality of the management of farmer’s professional cooperatives in the value and efficiency. Finally, this thesis carries on a comparative study between farmer’s professionalcooperatives and the related economic organizations, thus deepens the understanding offarmer’s professional cooperatives and provides the theoretical preparation for perfecting themanagement of farmers’ professional cooperatives.Chapter Two analyzes the managemant problems of the member’s congress of farmer’sprofessional cooperatives. The power of the organizations in farmer’s professionalcooperatives comes either from the members, or from the members’ personal execution ofpower, such as the binding force coming from the resolution of the member’s congress reseolution of the binding, or from the consent and permission of the members, such as themanagement right of the council or the director. Stirring up the members’ enthusiasm ofparticipating in the management of cooperatives is the premise that the functions of themember’s congress can be put into full play, while the reasonable definition and effectiveexercise of the member’s right is the key of perfecting the management of farmers’professional cooperatives. Firstly, this thesis defines the member’s rights on the basis ofdividing the member’s rights into public right and personal right. Secondly, this thesis studiestwo important systems in the management of farmers’ professional cooperatives, that is, thesystem of member’s congress and that of extra voting power. This thesis believes thatestablishing the system of Member’s Congress can decrease the number of person that isneeded to be organized and coordinated in the resolution of farmers’ professionalcooperatives, and can decrease the cost of organization and time, thus can avoid the minormembers getting “quick success”. In larger farmers’ professional cooperatives, the system ofmember’s congress can express the opinions of the members make the members views to themaximum extent. The system deciding whether to use extra voting power according todifferent voting matters can reflect both the efficiency and the fairness. Finally, this thesisanalyzes the reasons of the detective mechanism of the management of farmer’s professionalcooperatives, and believes that it is necessary to construct a reasonable inspirit system inorder to ensure the full play of the functions of the member’s congress as well as to push theenthusiasm of common members participating in member’s congress. Chapter Three is about the management problems of the council of farmer’s professionalcooperatives. Firstly, it systematically analyzed the functional authorities of the council andthe duties of care and loyalty imposed on members of council. The council of farmer’sprofessional cooperation plays a key role in authorities’ allocation of the cooperation. Underthe framework “entrust---agent”, council member is not only one of the owners of farmer’sprofessional cooperation as well as the agent of the other cooperative member. In themanagerial structure of the cooperation, council plays the role of executive department whichis in charge of operation business. Since the council plays very important role, there’snecessary to systematically rationalize the functional authorities of council and duties ofcouncil member. Next, define the post qualifications of council member. In Chinesecooperative law, there’s no specific definition about post qualifications of council membersand council president. If the council member’s post qualification is not defined, the antecedentsupervision executed by council member will not come into play. Once more, analyze thecouncil’s supervision to the manager. Since the council is the executive department ofcooperation, it has natural advantage to obtain the information of cooperation’s operation. Atthe same time, most council members occupy the large share of cooperation, and they aremore active about the cooperation’s business, which is good for improving the efficiency ofsupervision, therefore, it specifically define the council’s supervision power to manager, andin this way can it well restrain the behaviors of manager. Finally, analyze the incentivemechanism of peasant professional cooperation from the aspects of residual claims, salaryincentive means and spiritual incentive means.Chapter Four is about the management problems of the board of supervisors of farmer’sprofessional cooperatives. First of all, the board of supervisors is considered as the superviseddepartment of the cooperation, and it takes the function of supervising the operation businessof the cooperation and ensures the cooperation is engage in production and managementactivities based on safeguarding the common interests of cooperative members. Thesupervisors of cooperation display the important supervised function in respective departmentand have great supervised power. Since the function displayed by supervisor is very important, it is inevitable to standard the behaviors of supervisors and endow them some duties, which isgood for them to perform functional authorities. Secondly, analyze the independent supervisedsystem of peasants’ cooperation. In the practice of peasants’ cooperation, there are many coremembers who are rich productive person or capable operators control the cooperation, andbased on this fact, establish the supervised system in peasants’ cooperation, which can ensurethe effectiveness of supervision as well as the fairness of the cooperation’s management.Finally, analyze the incentive and restrain mechanism of the cooperation’s supervisor.Chapter Five is about the suggestions on legislation of farmer’s professional cooperation.First of all, the organizations and organizational procedures which are lack of uniform willresult in the guidance role of law playing in no way, which is not good for the establishmentof managerial mechanism inside of the cooperation and will result in the high managerial costof the cooperation. Overall speaking, the insufficient in managerial legislation of Chinesepeasants’ cooperation are posed in two aspects: managerial structure and managerialmechanism. Therefore, this paper specifically analyzed the legislative insufficient of thepeasants’ cooperation from the aspects of managerial structure and managerial mechanism.Moreover, based on the developing experience of the peasants’ cooperation and according tothe legislative omissions, this paper proposed some specific legislative suggestions on thecooperation’s management from the aspects of formulating member congress system;formulating the perfect membership rights; formulating the remunerative right of councilmember; constructing independent supervised system and constructing the reasonablespiritual incentive system, which are hoped to be helpful to perfect the cooperation’smanagement. |
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