A Study On Legal Nature Of Farmers’ Professional Co-operatives

Farmers’ professional co-operatives are the product of farmers own strength to carry on self- rescue. It’s significant in solving the problems of agriculture, rural areas and farmers,the spread of democratic consciousness,etc. "Farmers’ professional co-operatives law" provides system guarantee for its standardized development. However, there is a problem that cannot be ignored this law,which is the legal nature of farmers’ professional co-operatives. The problem triggers the theorist academic controversy and brings a lot of inconvenience for the actual work. Thus, in the background of the development of farmers’ professional co-operatives liking a raging fire, it’s essential to define its legal nature clearly.This paper, a total of more than 30000 words, is divided into four parts.The first part presents problems. Why discuss the law nature of farmers’ professional co-operatives? Whether it is natural or economic organizations, as long as take part in social activities, they should have their legal status, and the law should give protection. If it is lack of a clear legal status, then not only the main body own development is limited, and the relative party in economic activity may also worry that their legitimate rights and interests are not protected by law, and the expansion of economic activity and positive of decline.The second part analyzes the causes of the problem. By summarizing the research result of the predecessors and the thinking of the author’s own, which are summarized as three reasons:the complexity of the current situation of the development of farmers’ professional co-operative; the existing legal norms are not unified, not clarify the differences between cooperatives in the modern sense of cooperatives and the cooperative movement in the past; the existing market organization types have limitations,which farmers’ professional co-operatives cannot be incompatible with.The third part discusses the legal nature of farmers’ professional co-operatives. Summarizes the main dispute at present, and makes brief comments, and lay the foundation for the following the author’s view. Although scholars have breakthrough reached different conclusions from different angles, but only discuss the different emphasis. They are based on the same starting point, namely the farmers’ professional co-operative has particularity.The fourth part, through the above analysis of the various views, the author put forward the viewpoint – farmers’ professional co-operatives is a special type of legal persons, and from its guiding principles, multiple attribute, strict membership restrictions described aspects, demonstrates its reasonable basis of the special legal entity, and the design of support system for its special legal status.