The Study On Diversity And Legal Status Of Cooperatives

Coupled with the improvement of market-based economy system and advance of civilsociety in china, cooperatives become a important social organization, further more, it exert extensive influence in many field such as society, politic and economic. However, compared to the lag of lawmaking practice, china cooperatives exhibit a fast developing tendency. Though, the'law of the peoples republic of china on farmers professional cooperatives'have already promulgated, this slip laws could not cover all the kinds of cooperatives either existing today or coming in the future. There sill exist some arguments about cooperatives'legal status in china theory circle, furthermore, in the practice, because of confusion on the cooperatives definition in the law and confliction in the relevant regulations, the cooperatives'development faces many difficulties. With regard to the cooperatives, china theory circle is always incline to researching and analyzing from single angle, whereas, the research about problem of various cooperatives development, which have already existed and will emerge in future during china transition period, is still on the passage. Purposely this article will make a study on the subject of cooperatives'law status in the context of transition of china social, politic and economic. From the perspective of the legal entity and the legal person attribution ,the article debate the cooperatives'legal status on the basis of practice on our cooperative legislation ,and consider that cooperatives'legal status should involve two aspects of legal entity and legal person attribution .According to the developed country'cooperative legislation ,this article use the method of comparative analysis to probe into legislative definition about china cooperatives, in addition, to advance the legislation ponder.This article is divided into five parts. The first part briefly introduce the background of the research subject, and then, from problem and argument which is derived from the gap between the cooperatives'rapid development and legislation's lag, lead to the research subject. The first chapter chiefly introduce the cooperatives'situation and characteristic during different developing period in china, and then, discuss the trend of cooperatives'diversification and the significance to social development. The second chapter widely analyse on the legal practice and theoretical arguments about cooperatives'legal entity, and consider that china cooperatives should be endowed with legal personality. The third chapter analyse on legal practice and theory about cooperatives'legal person attribution, especially focus on the division between cooperatives'profit and non-profit. As a result, the cooperatives should be regarded as mesne juridical person. The last chapter give a rethink on the legislative situation and existed problem about cooperatives, and bring forward relative policy about how to perfect china cooperatives law.