On Development Of Cooperative Bank Organization Law In China

The Problem of"Insider Control"is the main cause of obstacle ofdevelopment of Cooperative Bank in China,which particulars are administrativeand commercial elements in Cooperative Bank,which lapse substantially from basicprinciple of cooperative system. Prevention and settlement of the Problemof"Insider Control"depends on good legal system on Cooperative Bank. Thispurpose of this article is to, From the view of Cooperative Financial OrganizationLaw——one part of Cooperative Bank Law,discuss settlement of the Problem of"Insider Control"under Cooperative Bank in China,namely, to settle the Problem of"Insider Control"by development of Cooperative Bank Organization Law. Thisarticle intents to find a intersection between development of Cooperative BankOrganization Law and settlement of the Problem of"Insider Control":it not onlyview development of Cooperative Bank Organization Law as one way to settle theProblem of"Insider Control",but also regard settlement of the Problem of"InsiderControl"as one way to study on development of Cooperative Bank OrganizationLaw in China. It summarizes as follows:The Part Foreword introduces the background and purpose of this article, aswell as the status of study on Cooperative Bank Organization Law and the Problem of"Insider Control"in Cooperative Bank.Chapter One discuss, after definition Cooperative Bank and the Problemof"Insider Control",application of the theory of"Insider Control", which isoriginally applied in joint-stock enterprises which separate ownership rights frommanagement rights,in study on development of Cooperative Bank Organization inChina. It further discusses the representation, reason and essence of the Problem of"Insider Control"under Cooperative Bank Organization in China.After introduction of definition and legal resource of Cooperative BankOrganization Law,Chapter Two discuss the necessary of resolution of the Problemof"Insider Control"by development of Cooperative Bank Organization Law by theviews such as Law and Finance, jurisprudence and Institutional Economics,as well asput forward legislative model and guiding principle of development of CooperativeBank Organization Law in China.Chapter Tree, Four and Five is the core of this Article. They respectively discussthe way to development of Cooperative Bank Organization Law in China from threelayers, namely the system of Financial Cooperative Right in microcosmic, legalsystem of Cooperative Bank Governance Structure in middle and legal system ofCooperative Bank organizational form in macroscopic. All lays of legal system studyobserves the following study way:it firstly analyzes the function of development oflegal system of such part to settle the Problem of"Insider Control"in CooperativeBank,then make analyses of comparative jurisprudence,furthermore, discusslimitation of relative systems in China, finally put forward the measurement ofperfect relative legal systems in China.