Study On Legislation Of Cooperative Joint-stock Enterprises

The thesis is composed based on study of further development and perfection of legislation of cooperative joint-stock enterprises to boost the cooperative joint-stock economy healthily and orderly, with regard to the present uncultured legislation of cooperative join-stock enterprises, under the condition in which there are large number of cooperative joint-stock enterprises, which are developing rapidly. This thesis manages to, through the study of the issues in the legislation of cooperative join-stock enterprise, remedy the deficiency and defects in the current legal system, so that a law of cooperative joint-stock enterprises which is applicable nation-wide can be enacted as early as possible, in order to make the large number of cooperative joint-stock enterprises go towards a normalized and institutionalized development way as soon as possible.The thesis consists of five parts.Part one mainly discusses the signification, nature and legal characters of cooperative joint-stock system, and its distinctions from other related enterprise systems. First, it discusses the signification, nature and legal characters of cooperative joint-stock system, pointing out that cooperative joint-stock system is a kind of cooperative economy adopting some practices of joint-stock system and is a new form of organization of collective economy in socialist market economy. With regard to the proposal that the nature of a cooperative joint-stock enterprise is collective ownership, it sets forth that not all cooperative joint-stock enterprises have the nature of collective ownership, and some of the cooperative joint-stock enterprises are based on private ownership. The basic legal characters of a cooperative joint-stock enterprise is the combination of labor cooperation and capital cooperation, the combination of labor democracy and share democracy, and the combination of distribution according to work and dividend distribution according to share. In addition, comparing cooperative joint-stock system with cooperative enterprise, joint-stock enterprise, partnership enterprise and the employee share-holding program being promoted currently in the western countries, it points out the relations and distinctions between cooperative joint-stock system and these enterprise systems, including detailed introduction of cooperative system, which is not familiar to people, and of the employee share-holding program in the western countries, aiming at further understanding and mastering the basic theory of cooperative joint-stock system.Part two discusses the value of legislation of cooperative joint-stock system. It states that the rapid development of cooperative joint-stock enterprises in our country needs legal guidance and normalization, and the cooperative joint-stock system have some systematic advantages; accordingly it discusses the necessity and significance to speed up the legislation of cooperative joint-stock enterprises. Since generation at the beginning of 1980's in our country, cooperative joint-stock system has developed greatly. During the development, some new problems and condition appear, which are mainly caused by the lack of unified legal regulatory framework. Cooperative joint-stock system conform to the basic conditions of our country and the current development level of productivity, opening up a new way of financing for medium and small enterprises, facilitating the mobilization of employees' enthusiasm and creativity, and consistent with the development direction of modern enterprises. The systematic advantages need to be confirmed and popularized legally. Part three discusses the present condition of legislation of cooperative joint-stock enterprises in our country. The current legal bases of cooperative joint-stock enterprises of our country can be classified into two categories – one is nation-wide legislative documents and the other, regional legislative document. The main defects of these documents are low level and validity, old content, inconsistent in basic contents, ambiguous legal status of cooperative...