Legal Issues On Financing Of New-Type Specialized Farmers' Cooperative Organization

Since the reform and opening, the developing of the new-type specialized farmers' cooperative organization has realized the systematization of farmers and the industrialization of agriculture. It also plays a outstanding role in constructive of balance urban and rural development, new rural construction. The new-type specialized farmers' cooperative organization can't develop without financial support. However, in the process of financing, the organization encounters certain difficulties. And an effective solution to these financing difficulties is dependent on legal assurance. Therefore, studying the legal problems in the process of financing is significant to link the relationship between farmers, market and government. They're also very meaningful to solve the rural issues.Firstly, the author will explain the definition, the main types and legal status, the financing substance of the new-type specialized farmers'cooperative organization. In addition, the author will sort out the theory of law and economic. The theory of law is including farmers'development right theory, financial power theory, profit and interest system theory. The economic theory is including transaction cost theory, property rights theory, the growth cycle of corporate finance theory.Secondly, the author will analyze the history of the new-type specialized farmers' cooperative organization in our country, and sum up the financing situation, legal problems and its causes. Its history is divided into four stages such as the budding stage, the starting stage, the furthermore development stage, the deepening development. The analysis of the problems is consist of the capability of internal financing of the organization is weak, the main market players is omitted, the system of collateral mortgage is deficient, the financial supply structure is absent, the policy of financial and taxation is not implemented effectively. The reasons which is exists is consist of the corporate governance structure and the operating mechanism of the organization are lack, the rural financial system is imperfect, the supply of financial is inadequate, the sharing and compensation mechanism of credit risk is imperfect, the finance and tax system is not complete.Thirdly, the author will study the financial practical of the organization of typical countries and regions. Through the investigation of the situation of the organization in Germany, United States, Japan, India and the region of Taiwan, to analyze the commonness and differences of the financing of organization in these typical countries and regions, it is provide some experiences and references to China. The experiences are following:optimize the financing environment under government support, establish the comprehensive specialized farmers'cooperative organization, and improve the rural financial system in which the co-finance is core.Finally, according to the basic theory and the practical basis, the author will complete the financing of the new-type specialized farmers'cooperative organization through internal finance institution and external finance institution. The internal finance institution includes the system of money paid for shares of cooperator, the system of accumulated public funds, and the retention of capital system. The external finance institution includes diversified finance subject supply system, the safeguard system under government's role. In addition, the author will propose some safeguard mechanisms which are guarantee mechanisms for financing risk, compensation mechanisms for financing risk and the financing environment, to ensure the financing of new-type specialized farmers'cooperative organization is smooth.