A Study On The Development Of Farmers' Professional Cooperatives In Legal Security System

In a long time, because of the political and the history element, rural economy development lags far behind the city. Compared with farmers, urban residents'income is very high. Based on this, since the mid-90s in the 20th century, some types of rural economic organizations developed repidly in our country, they have a same goal that achieve industrialization of agriculture. However, because of the lack of formal legal norms, the lack of internal operation mechanisms, and market position was unclear. So the effect was not very well. To this end, after the full research, demonstration and extensive views, the country in October 31, 2006 passed the "People's Republic of China farmers' professional cooperative Act," and in July 1, 2007 into effect.The implementation of this law show that farmers' professional cooperatives enter a new stage of development. However, over a period of time, we found that the law certain provisions is too vague and general lack of maneuverability, especially in the cooperative members of the certainty of funding, the surplus allocation of the order, the provisions of the cooperative auditing system deficiencies exist, etc., for members of the right relief, cooperatives United provisions are more close to a blank. This will seriously affect professional peasant cooperatives healthy and stable development, will affect the development of the agricultural economy and rural social progress. Therefore, this thesis at a comprehensive analysis of the domestic status quo, drawing on foreign experience and reasonable under the premise of trying to set up a mechanism to build a contained, operating mechanisms, audit and supervision mechanisms, and government support "3-in-1" of peasant cooperatives in the development of professional legal security system.In addition to the introduction of this paper is divided into the following five outer parts: Part I,farmers' professional cooperatives theoretical analysis and practical study. This part will focus on farmers' professional cooperatives in the definition, characteristics and functions , as well as the theoretical basis for major peasant organizations, cooperatives and other related forms of analysis, then introduce the development of professional status, to identify shortcomings. Part II,farmers' professional cooperatives bottleneck in the development of law and underlying causes. This part describes the bottleneck in the development of law of the farmers' professional cooperatives , then analysis the depth cause of the problem encountered. Part III ,draw a reasonable mechanism from the foreign agricultural cooperatives'legal security system. This part will introduce the experience of the agricultural cooperative legislation from United States, Japan, and France, summed up the common ground between them. Part IV, built the legal security system of farmers' professional cooperatives. This part is very important ,which includes the establish mechanism, operating mechanism, audit and supervision mechanism for government support of .All of these will be detailed describe. Part V,a number of policy recommendations. This part is mainly from a policy point to give some related proposals about farmers' professional cooperatives in legal security system ,which views to provide better development policies and changes the economic environment.This paper acquires materials relating the farmers' professional cooperatives in legal security system by adopting field researches and document analysis. It also summarizes the experience of foreign agricultural cooperatives with the method of comparative analysis, and conducts a legal security system of farmers'professional cooperatives by applying relating theories and knowledge of Management, Law, Sociology.