Research On The Law Issues Of The Peasant Sepcialized Co-Operative

The peasant specialized co-operative is an emerging market entity. The peasant specialized co-operative is an mutually owned economic organization of similar farm-product operators or similar providers or users of similar agricultural production and management services, based on contractual management on household basis.It is voluntary and democratic management.The cooperative produced in the period of the capitalism socialized large scale production. It was found by vulnerable groups for strengthening their competition status and improving their situation. The key difference between co-operative and other economic organization is the cooperative's democratic management and the surplus return according to member's volume of businessInternational cooperative alliance established in 1895. It lay out clear stipulations of the principle of cooperative. The cooperative concept initially spreads to our country in Late Qing and Early Republican China. And the extensive development after the May 4th Movement. In 1921, cooperative of peasants have came forward. With the establishment of rural household contract responsibility system, it made a desirable development, in recent years develops quickly especially.On October 31st,2006, our country issued "Peasant Specialized Co-operative Law". It only has 56 articles. Simple rules lead to legal scholars'argue about the theory of peasant specialized cooperative and the cooperative run irregular in practice. Legal scholars' argue about nature of corporation and the property right of corporation of peasants specialized cooperative. About the nature of peasant specialized cooperative, some scholars argue that it is the Co-operative Corporation, some argue it is the middle corporation, some argue is the business entity. Stipulated about the peasants specialized cooperative's property that some scholars considered is the legal person property rights, some considered that is not the property rights. The cooperative principles of "Peasant Specialized Co-operative Law" less than International Cooperative Alliance's. There were too many restrictions put on the membership in "Peasant Specialized Co-operative Law". There are problems of articles in failing to function, not be the real co-operative, did not distribution the surplus, etc in some co-operative's actual application. The key difference between peasant specialized co-operative and other economic organization is the co-operative's democratic management (one person one vote) and the surplus return according to member's volume of business. Peasant specialized co-operative in our country is an economic organization, has the status of a legal entity, belongs to corporation for profit. It has the property right as a legal person over the its own property. Suggested that our country should additionally build the rules of co-operative unites, and explicitly stipulates the principle of co-operative's education, training and the information. Should not limit the non-agricultural member to join the peasant specialized co-operative. We should continue to strengthen publicity and education in various forms for peasants have better awareness of legal knowledge of co-operative and give a clear definition of the co-operative's president or directors'in forming obligation to avid articles in failing to function. Which co-operative do not practices according to the law mostly was the co-operative found by enterprise relating to agriculture. We should strengthen publicity, strengthen supervising mechanism, improve and perfect the financial management system to solve it.