Legal Issues Of Joint-stock Cooperative Enterprises

The cooperative stock enterprise is an important reformatory form for the middle or small enterprises in China. Objectively, there is some insufficiency in some aspects; however, the rationality of this reformatory enterprise's form is obvious and doubtless. Comparing to the energetic and lively economic practice of the cooperative stock enterprises, the theory (especially the legal theory) and the legislation about the cooperative stock enterprises are lagged far behind. This thesis want to revel the legal characters of the cooperative stock enterprises and provide some beneficial references for the reform by dint of analyzing the notion ,corporation's regime, property , arrangement of stock rights of the cooperative stock enterprises. The thesis is divided into five parts:Part I: The notion of the cooperative stock enterprises. There are three tendentious statements in the theories and practice about the notion of the cooperative stock enterprise. We deem that the cooperative stock enterprise, as an enterprise form between the stock company and cooperative society, should assimilate the merits of the stock company and cooperative society. The cooperative stock enterprises should give priority to the merits of the stock company, and then absorb the merits of the cooperative society. We need not localize the cooperative stock enterprises within the area in cooperative society only.Part II: The problem of corporation' s regime of the cooperative stock enterprises. The cooperative stock enterprise, as an enterprise form in the socialistic market economy, is provided with the property for the risk of management and the legal duties. So, we deem they should be corporations. Borrowing ideas from the organs of the stock company, the organs of the cooperative stock enterprises include The convention ofemployee stockholders , Board of directors, Manager and Supervisory committee. The cooperative stock enterprises ought to adopt a voting mode according to both stock and cooperation. Sequentially, the mechanism of the cooperative stock enterprises incarnates the qualities of stock and cooperation.Part III: The property of the cooperative stock enterprises. The property of the cooperative stock enterprises includes three portions: chatteKrights and benefits. The property will depart from the investors and come into being the property of the enterprises if the investment comes into effect. The right of the cooperative stock enterprises is corpora tion's property. The characters of this property are monopolization completeness ,repellency. However, the investors only have the right as stockholders and they affect the property of the enterprise via exercising the rights as stockholders.Part IV: The arrangement of stock rights of the cooperative stock enterprises. The ultimate purpose of this arrangement is active the enterprises and improve the profit. So, for the sake of reasonableness and efficiency, we should face the fact and draw lessons from other enterprises forms, especially the success experiences of stock companies.Part V: The reflection of legislation about the cooperative stock enterprises. The cooperative stock enterprises have the abilities to exit independently. This independence told us that we should have a definite notion of the cooperative stock enterprises and establish the law about the cooperative stock enterprises. The legislation for the cooperative stock enterprises should conform the general principle, as well as, consider the particularity of the cooperative stock enterprises.