Stock Cooperative Enterprises, A Number Of Legal Research

As a new exploration and creation during the economic system reform of our country, this kind of cooperation enterprise of the share is the type enterprise form not totally unanimous of national enterprise of developed market economy nowadays. Having merged the merits with the cooperation and the shareholding system, it can absorb the social idle money, alleviate the pressure on employment extensively, and can arouse the enthusiasm of labourer to a certain extent, realize the democratic management economically, and drive the process of productivity and system of modem enterprise effectively. Though already there is suitable scale in our country in the cooperation enterprise of the share at present, the method of all parts differs in practice, lack the unified standard. It probes into many opinions, unable to decide which is right to its law science. Probing into the legal attributes, setting up and legislative questions principle in the cooperation enterprise of the share becomes the research purposes of this textThis text starts with basic meaning to produce and develop it and relevant enterprise form such as shareholding system, cooperation relatively from the cooperation enterprise of the share, attempting to probe the essential characteristic of this enterprise form. Then, the values of the enterprise of the share goes on theoretically (involves one of the views of author among them the cooperation enterprise of the share is one of important modes of setting up modern enterprise system). It has value of existence and essential characteristic which is different from the type of other enterprises on the basis of the cooperation enterprise of the share. Having explained the legal attribute of the cooperation enterprise of shares, namely the cooperation enterprise of the share is a kind of independent enterprise organizational form. It, incorporated business, partnership business, proprietorship and cooperative enterprise have formed the legal form of the Chinese enterprise in the present stage together. In the basic theory about the cooperation enterprise of the share that, this text still involves the ownership attribute of the cooperation enterprise of shares (pursuing the cooperation enterprise of shares will not changethe leading position with economic public ownership of our country, nor too is it engaged in economy for less than allowing unrestrained freedom) and can't embody cooperation basic 梩he basic principles of the mode share. In the article's second part, at being gentle for basic the foundations of the theory for intention vs. share cooperation enterprise author gives key research of four issues: setting up, stock right structure, the management structure, assigning to explain one of the author's views especially: the principle of setting up the cooperation enterprise of the share should adopt the criterion doctrine by replacing the doctrine of checking and approving .which has accorded with the characteristic that the cooperation of the share has only been suit the small and medium-sized enteiprise, accorded with the international trend also. Thus easy to be in line with international standards, to make the enterprise benefited finally, it can also accelerate the paces of our country's setting up the system of modem enterprise. The third part of the article, proposes such as investments mechanism, stock right setting up, organization management system, and indistinction between the functions of the government and those of enterprises phenomenon hinder standard from distribution system some countermeasures. The fourth part of the article author expounds the fact from the respects, such as necessity, legislative principle, legislative style and main content legislating etc. To the legislative problem of the cooperation enterprise of the share , describes the last view of the author's especially: should legislate to the cooperation enterprise of the share in unison special and in urban and rural , and starts with from the legislative necessity, preliminary imagination legislative p...