Study Of The Internal Legal System Of The Cooperatives

Cooperative is a autonomous association that formed by the people of voluntary combination through the organization of joint ownership and democratic management, which aims to realize the common economic,social,and cultural objective and need. Compared to the company, cooperative is a combination of the weak, the characteristic and nature of which determines that it does not possess the advantage of company, so the arrangement of internal system of cooperative directly affects the efficiency of the implementation of the cooperative as a whole, which makes it necessary to make deep research of the arrangement of internal system of cooperative. This thesis holds a discussion of the arrangement of the internal system on legal level under such background with a wish that it can benefit the research of the legal system of our country's cooperative.With regard of the richness of the internal system of cooperative, this thesis makes a discussion of the important three themes of the internal system of cooperative.Firstly, it analyses the equity system of the cooperative. The part mainly analyses the characteristic of the equity system of the cooperative, pointing out that the equity of the cooperative has the characteristic of the combination of the asset owner and the favored(or laborer),the separation of the ownership and the right of the management; It also discusses the nature of the asset of the cooperative, pointing out that the asset system of the cooperative should be the compound property right of multi-possession. Based on the analysis of the system of the capital and accumulation fund, it elicits that our country should introduce the advanced experience of legislation of other countries to perfect the relevant problems of our country's cooperative legislation.Secondly, this thesis discusses the distribution system of the cooperative that established on the foundation of the structure of property right. It mainly discusses the problem of the distribution of the surplus of the cooperative, in which it deeply analyses the problem whether the accumulation fund can be distributed, pointing out that the accumulation fund has the nature of indivisibility.Thirdly, this thesis designs the effective organization structure in accordance with the operation requirement .The arrangement of the organization structure is an important guarantee of the proceeds and distribution of the cooperative. The organization structure of the cooperative is composed of the power organ,administration organ,supervision organ, all of which forms the internally harmonious and consistent management function system. The meeting of the associator is the most powerful organ of the cooperative; The council acts as the business administration organ and external representative and answers for the associator meeting. The board of auditor is the supervision organ, which conditions the function of the internal organization of the cooperative. This thesis points out the defect of the organization structure of the cooperative based on the analysis of the three internal organs of the cooperative, and further puts forward some problems that worthy discussion, for example, the outside engagement of the manager,the setting of various kinds of committee under the council,etc.