Research Of The Cooperative Governance On The Legal Mechanism

Cooperatives as an important component of China's market system, its position and role are increasingly important in China's agricultural and rural economic development .In recent years, China's agricultural economic sector and government departments made a wide range and depth of research from theory to practice on the development of cooperatives. But, the law of academe made few researches on the issue. And the research focused on the resumption of the cooperative nature and the importance of promoting its appeal, At this point, Cooperatives in China has entered the implementation. so, the only purpose is that awareness of the importance is not enough; it should go deep into the internal systems and governance structures. Legal mechanisms for cooperative management of research should be taken seriously. The article used analyzing example and the logic to conduct research.This paper through predecessor——Marx, the cooperative management of Western theories of economics, to explore cooperation,cooperative,the cooperative economy then leads to the concept of cooperatives, use for reference the successful experience of Western countries Cooperatives, at the legal level explore how to management of cooperatives effectively. The article focuses on the core management of cooperatives——three systems. Before explaining the legal status of general meeting of the cooperative, Firstly, discussed cooperative property ownership because of clearing property rights and members of cooperatives are closely related, in order to expatiating the general meeting of the cooperative for the next step; Next, The author outlines the establishment of cooperative to the termination in turn leads to the key decision-making mechanisms as cooperatives and cooperatives Council oversight system, from the internal and external oversight system in which the two explained.The viewpoints in the article are that, general meeting of the cooperative, as the highest authority of cooperatives, the Governing Council as the highest policy-making body of cooperatives, board of Supervisors as the oversight bodies, these three organizations constitute a community with impact and interaction on each other. The biggest difference between cooperatives and companies is the character of people united; therefore, cooperatives and their members constitute a community in the development, regardless of the number of shares owned by certain members. On one hand, the management of cooperatives, as a player in the market, should play the functions of"three systems"properly and contribute to the growth of cooperatives, and thus improve the negotiating position of peasants in the market. On the other hand, as a body of market with"not-for-profit purpose", it should also manage to make benefits for their members. These two sides are equally important. If the former is not realized, which means the main body of market can not survive, not saying of making benefits for the members in the latter. And if the latter is not realized,it is meaningless for the existing of cooperatives.