On The Legislation Improvement Of The Farmers Professional Cooperative Law In China

Based on the rural household contract responsibility system, Farmers Professional Cooperatives are voluntary association, democratic management of the mutual economic organization which include the operators of similar agricultural products or agricultural production and operation of similar service providers and users. During the establishment of socialist market economy-oriented reform and opening up process, facing the challenges of the market economy, Chinese farmers, as an independent market player germinate the desire of "cooperation" and initiative to establish a variety of specialized economic cooperative organization. Normative development of Farmers Professional Cooperatives related to many other great propositions which include the prosperity and development of rural economy, increasing income of farmers and agricultural industry. Historical experience shows that farmers economic cooperative organization are the optimum form of organization which suit to the agricultural production and management features. And it is an optimal system of economic organization to resolve the current the three rural issues. According to the law, promoting the development of Farmers Professional Cooperatives can help promote the adjustment of agricultural structure, enhance the competitiveness of agricultural markets, and increase rural incomes.In order to serve farmers’income, agriculture’s development and stability, and the development of the rural economy and society, we should regulate the development of Farmers Professional Cooperatives. October 31,2006, the Tenth National People’s Congress Standing Committee of the twenty-fourth session vote through the "People’s Republic of Farmers Professional Cooperatives," and in July 1,2007 shall come into force. IAt present, Farmers Professional Cooperatives are in the process of never norms to regulate from loose to tight, from service to the entity type, from the grassroots community to the stage of the joint community. According to Farmers Professional Cooperatives law, the farmers organize themselves to become the normative economic organization in rural areas. These organizations are market players which have a certain ability to grasp information, anti-risk ability. However, The corresponding legislation is still not perfect, China’s current legislation on farmers cooperatives only have three legal norms, including the aforementioned "Farmer Specialized Cooperative society Law", State Council’s "Farmers’ professional co-operatives registration management regulations" and the Ministry of Agriculture’s "Farmers’ professional cooperatives demonstration constitution,". With the development of Farmers Professional Cooperatives, these laws look shabby and thin. However, due to Farmers Professional Cooperatives legislation start lately, Therefore, studies of existing legislation, points to legislation is on the problems and deficient, and improves Farmers Professional Cooperatives legislation, makes the Farmers Professional Cooperatives develop normally and healthily are important propositions.The article use research methods of literature review, empirical research, normative research, qualitative research, comparative research. In addition, the author adopts many analysis paths to study Farmers Professional Cooperatives, for example, from theory to empirical, from phenomena to nature, from the problem to countermeasures.From the history, basic concepts, basic principles, classification, the role and significance of cooperatives, the article introduces the basic theoretical platform of Farmers Professional Cooperatives, which lay a solid theoretical basis for the following discussion. Through expression and presentation of the role and significance of Farmers Professional Cooperatives, the article highlights the social significance of the study, the article also demonstrate the problem of implementation of the "Farmer Specialized Cooperative society Law", and point out people lack of knowledge on Farmers Professional Cooperatives is the reason why Farmers Professional Cooperatives lack of development. "Farmer Specialized Cooperative society Law" and "Farmers’ professional co-operatives registration management regulations" are the basic legislation of farmers cooperative and the core of this research.From the analysis and interpretation of legislation documents, this paper clean up basic system management mode of china’s current Farmers Professional Cooperatives. This kind of research not only determined the object for the paper, but also provides the reference for industry and commerce administration, agricultural administrative management and farmers’ cooperatives law practice. In this part the paper provide large amount of empirical data, which make the article narrative out of boring and empty pure theory and logical argument; On the other hand, these data will also provide for other scholars’ research material. The current "Farmer Specialized Cooperative society Law" has some defects, for example emphasize principles, lack of operability. Farmer Specialized Cooperative’s establishment, registration, dissolution procedure, organization, the provisions of the financial management matters are too strict and standard and lack of flexible. In terms of development of farmers’ cooperatives, Government’s guide and support are not specific and non-binding. These existent problems are very disadvantageous for the rapid and healthy development of Farmers Professional Cooperatives. In addition, there are many problems, such as the union of Farmers Professional Cooperatives, the right of the members of Farmers Professional Cooperatives to dispose of its share, the incentive mechanism for distribution of earnings. These problems directly related to Farmers Professional Cooperatives’normative operation and healthy development. Regrettably, the content was not in the legislation clearly defined. The Deficiency of the systems and content should be fully considered in future’s legislation.In conclusion, the article describes the ideas of improvement of Chinese Farmers Professional Cooperatives Legislation. In the Farmers Professional Cooperatives’legislation, Farmers should be placed in the legal system’s construction starting point and destination. With full respect for their subject status, we should take the general level of farmers’ knowledge as a cultural platform for building the legal system, and take adequately meet the interests of farmers as the fundamental criterion for evaluating the legal system. Combining benefit principle, diversified principles to construct farmers’ professional co-operatives legal system, which should be suit to the Chinese farmers and the rural economy development status and level. In the legislation, in order to truly realize the impact of legislation in promoting and shaping the social life, and promote Chinese farmers’ professional cooperatives fast, healthy, standard development, we must be improved and added next content, the membership of farmers cooperatives, the settings of rights and obligations, the establishment of joint community system of the Farmers Professional Cooperatives, the incentives system of Farmers Professional Cooperatives, governmental support mechanisms,...