Study On The Operating Mechanism Of The Share Cooperation System

The share cooperation system first appeared in our country in the early 1980s. With the gradual in-depth of the reform, it demonstrates the vigorous situation. And with the increasing in a large number of the share cooperation enterprises, the country has paid close attention to this newly born things too. Its appearance is a result of reform and opening up to the outside world of our country, and at the same time become the historical witness of economic development too. This thesis divides into four parts altogether, using the gradual demonstration way to make inquire into the legal operating mechanism of this economic form of the share cooperation system of our country.The first part is a general summary about the share cooperation system.The economic form of the share cooperation system was created first by the peasant of our country. It has formed the pattern that coexists in urban and rural areas after broke through the demarcation line in urban and rural areas during the development afterwards. From several developing stages of the share cooperation enterprise, we can find out: the share cooperation system is the result of our peasant under the specific historical condition in china, it is also the timely guided result of our government and legislative department at the same time. The share cooperation system accords with the need of the large-scale social production, and accords with the national conditions of China also. It realizes property right clear, right responsibility clear, separate government function from enterprise management, scientific management, Accords with the characteristic of the modern enterprise system, it is a result of the specific historical condition of china.All workers are shareholders, combined by working and investment together, on the basis of volunteer joint, manage and take risks together, implement democratic management and make policy altogether, it is an independent legal person's enterprise with shareholding system and cooperation characteristics. The share cooperation enterprise belongs to a new form of the economy of the shareholding system.The second part is the comparative study of the share cooperation system with the system of other enterprises.The first half part of this text is through the comparison between share cooperation system with the shareholding system, cooperation system, partnership and the comparison between share cooperation enterprise and proprietorship, Have analyzed the difference between them, explain the particularity of the share cooperation system deeply.The share cooperation system absorbed some aspects of the shareholding system, but there are remarkable differences with the shareholding system too. There are big difference at basic aim, stock right set up restriction, management mechanism and assign mechanism.The basic attribute of the cooperation system is to help each other cooperatively, regard promoting the member's economy and social progress as its goal. It has big differences with the share cooperation system at basic aim, opening degree, management mechanism, and assigning mechanism.The share cooperation enterprise has differences with proprietorships at legal status, property source, of management mechanism and assigning mechanism.The share cooperation system also has differences with the partnership at legal status, property source, management mechanism and assigning mechanism.At last, the author also give detailed comparison with others, excavate the difference between them deeply, make the characteristic of the share cooperation system clear further.The third part is the legal norm about the operating mechanism of the share cooperation enterprise.At first, give an observation to the intension and current situation of the operating mechanism of the share cooperation enterprise. Secondly examine the operating mechanism of the share cooperation enterprise.As to whether the share cooperation enterprise is an independent legal person, there are two kinds of standard type in our country, one is wanton t...