The Study About Peasant's Professional Cooperatives Law

Peasant's professional cooperatives law made in October 31 ,2006 and carried out in July 1 ,2007 by the standing committee of the national people's congress have made an important step to establish the system of Chinese cooperatives law. This law is beneficial to the farmer's establishment of cooperative society and market economy of scale,protecting farmers'rights and interests. In practice,however,the conditions of peasant's professional cooperatives in our country leave a lot to be desired. Through further investigations of the professional cooperatives law,I choose some questions to study based on the establishment ,operation and profit share of cooperatives,and make some suggestions about positive law.In the stage of the establishment of cooperatives,law restricted the type of investment and ownership ratio,and so on. We suppose that it bring the right of operation of land,farmer's house,and labor into the types of investment of cooperatives conditionally. In the respect of the request of ownership ratio,we should learn western advanced legislation to discern between member share and non-member share and broaden the financing channels of cooperatives,and restrict non-member share control cooperatives. In the respect of the regularized management,currently,there are some problems such as thoroughless mechanism,imperfect management and abuse of authority in China. So we suggest that the legislation of cooperatives should not confine to establish the status of the highest authority in the assembly,but should give assembly more rights and define member's rights precisely and how carry on the powers in process. Distribution system relates to the life and death of cooperatives and process of the whole cooperatives system. We suppose that the current system be made amendment . Before destributing the profit to members,provident fund system is also important. We suggest : (1) our country should establish a fund withdrawal of the legal system,which is the mandatory requirement;(2)We should set a ceiling on cpf savings,and reach the ceiling before we can dividends.(3)Provident fund should be separated from the commune members of the actual situation.