Research On The External Legal Environment Of Peasant Co-operatives

Since the reform and opening-up, the peasant co-operatives in our country have developed greatly in terms of both quantity and quality. After the law of peasant co-operative was published, the peasant co-operatives have entered a new period of development, and their external legal environment has been obviously improved. However, there are still many inadequacies of cooperative legal system and many problems cannot be resolved according to law in the ordinary running course. The external legal environment fitting the development of the peasant co-operatives is far from being formed, which is undoubtedly a very serious obstacle to their development. It is significant for our "three rural" career and new rural construction to study and perfect the legal system of the peasant co-operatives, to optimize their external legal environment and to achieve their healthy development.This study aims to clarify the external legal environment faced by the peasant co-operatives in our country after the law of peasant co-operatives was published, including positive aspects, negative aspects and their performances, then conduct a comprehensive assessment; taking the Gaoyou co-operative of Hebei Province as a case, reveals the current problems and the causes to the external environment of the law; raise more general recommendations and the case measures to the external legal environment.This paper highlights related definitions, principles, legal status, legal characteristics and the external legal environment implications of the peasant co-operatives, analyze the Marxist classical writers on the idea of rural co-operative economy comprehensively, define the nature of the peasant co-operative economy, and raise the external legal environmental requirements the peasant co-operatives require; take general analysis to the peasant co-operatives and case study to the Gaoyou co-operative of Hebei Province, view dialectically the external legal environment status of co-operatives, note the external legal environment more favorable and unfavorable surface area, and make overall judgments; based on the research in the field, summarize the current causes of so many problems to the external legal environment of the peasant co-operatives; laws are imperfect, including that the law of peasant co-operatives has shortcomings itself, the current legal system and the law of peasant co-operatives are uncoordinated, the offense in the law enforcement violates peasant rights, the right maintaining force and awareness of peasants are weak and so on. According to these posed reasons and current developing status of the peasant co-operatives, this paper proposed following measures to perfect the external legal environment of the peasant co-operatives: improve the relevant laws, not only including adding some details about co-operative uniting, outside capital joining, training, education and community services, disposition of members'property share and product antitrust immunity, but also speeding up the specific laws and regulations and local laws and regulations in the legislative process; correct violations of law enforcement and administration, including enhancing the awareness of administration according to law enforcement officers, detailing procedures for public administrative law enforcement, setting up evaluation system by secret ballot, being close to farmers and make flexible enforcement; enhancing farmers'awareness and improving their ability of rights protection; play the role of government, form the atmosphere to protect farmers'rights.Innovation of this paper: taking peasant cooperatives in the external legal environment for the study, make a comprehensive analysis of the deep-seated reasons for problems; taking Gaoyou co-operatives in Hebei Province as an example of targeted research, propose some feasible personalized measures.