On Legal System Consummation About Farmers' Professional Co-operatives In China

Since the late 1980s, modern agricultural professional co-operatives work up speedy on rural area in china. On October 31,2006, The People's Republic of China law on farmer professional co-operatives was promulgate, and implementation on July 1, 2007, which the first law on farmer professional co-operatives and it mark the beginning of Legal development track on fanner professional co-operatives in china. Farmer professional co-operatives are very important channel of the industrialization of agriculture and it is better routing selection to achieve modernization of agriculture.As a kind of special organization system arrangement, farmer professional co-operatives were born along with industrialization of agriculture, which emergence and development was another institutional change and innovation followed China's rural reform and the household contract responsibility system. However, the legal supply of farmer professional co-operatives wsa not enough, civil theory and legislation practice of farmers'professional co-operatives promote be still exists serious limitations, unable to effectively guide and promote development of our country farmers' professional co-operatives. By law perspective discuss of farmers'professional co-operatives have great theoretical significance and practical value.This study is in the era background of construction of the new socialist countryside critical period in our country and Chongqing actively implementing "314overall scheme", using integrating theory with practice and comparative research methods, comprehensive use of sociology, economics and law philosophy multidisciplinary research achievement and research methods, to our country farmers' professional co-operatives legal system theory to a more comprehensive and systematic research attempt. Full text is divided into five chapters, chapter one is the introduction; the second chapter is the farmers' professional co-operatives related basic theoretical issues border points; the third chapter is the china's fanners'professional co-operatives legislation progress and deficiencies; the fourth chapter is the foreign co-operative legal system inspection and the enlightenment; the fifth chapter is the china's farmers' professional co-operatives legislation perfect relevant Suggestions.In the first chapter of this paper was introduced the background purpose.The author believes that has important significance by Perfect farmers' professional co-operativpment for pes related legal system and Promote farmers' professional co-operatives healthy and sustainable develoromoting the industrialized operation of agriculture and promote the new period country system reform and realize the agricultural modernization. The author hope that this research can have an effect theoretical support for Chinese farmers' professional co-operatives improvement of the legislation provide, to enrich our country legal system theoretical achievements of farmers'professional co-operatives. Literature review summarizes the academic reviews research status from farmers' professional co-operatives legal nature membership right distribution system of public accumulation and government relations aspects. This paper take link theory with practice as the basic research methods, and comprehensive use of comparative analysis of empirical analysis and other methods.In chapter two, this paper definitioned related basic theory problem of farmers' professional co-operatives. This article discussesed the historical origin and connotation of the co-operatives from the upper concept. Base on investigate the definition about the farmers'professional co-operatives of international co-operative alliance, this paper definition and restated seven-item principles which established of international co-operative alliance.Through analysis, this paper argues that the legal nature of farmers'professional co-operatives shall be defined as non-profit special legal person.This paper according to text of The People's Republic of China law on farmer professional co-operatives analyzed characteristics of farmers' professional co-operatives, and based on that compared and analyzed fanner professional co-operatives with other organization forms.In chapter three, this paper summarized legislation progress and shortcomings practice of farmers' professional co-operatives development based on The People's Republic of China law on fanner professional co-operatives and combining with chongqing farmers' professional co-operatives. The mainly legislative progress includes that set up the legal person system, clear the equal right of membership, constructs the organization system, constructs the surplus allocation systemand and the government support system.The mainly legislative shortage include that obtain and loss membership right system are not perfecte, membership investment not deterministic, membership right remedy system not perfecte, Surplus allocation system is not reasonable, the government support policy is not sound and audit supervision system is not perfecte.In the fourth chapter, this paper were studied comparatively abroad co-operative legal system. Through introduced the French, German, American and Japanese agriculture co-operative legislation, summarize the development characteristics and advanced experience of foreign agricultural co-operative organization, this paper holds that Chinese farmers' professional co-operatives development must rely on a perfect legal safeguard mechanism, among them, the government support of farmers' professional co-operatives are important content of legal protection. In chapter five, this paper proposed relevant legislation Suggestions for consummate our country farmers' professional co-operatives.Suggestions falls into seven categories:Firstly, we should consummate acquisition and loss institution of the membership right.Secondly, we should improve institution of the membership contribution of capital. Thirdly, we should additional institution of membership right relief. Fourthly, we should adjust institution of surplus distribution. Fively, we should to build up institution of farmers' professional co-operatives union. Sixly, we should consummate government support system. Finally, we should consummate institution of audit supervision.