Research On The Legal Problems Of The Govenrance Structure In Farmer Specialized Cooperatives In China

2013,2014,2015three years in a row the number one in the middle of the file is closelyrelated to agriculture, have emphasized the standardization development of farmers’professional co-operatives, aims to enhance the vitality of rural economic development, speedup the construction of agricultural modernization.2015"to speed up the agriculturalmodernization construction opinion" pointed out that to speed up the building, includingfamily farms, farmers’ professional co-operatives, new agricultural management system,efforts to improve the farmers’ degree of autonomy, continue to broaden the farmers’professional co-operatives of existing services as well as to guide farmers in land managementto buy into the cooperative. Visible, cooperatives in the guidance of the policy decision willhave boundless development potential. Farmers’ professional cooperatives in China isconsistent with the development of urbanization in our country, it is the standardization of thedevelopment can be spread in the process of the rural market-oriented operation of smallfarmers to unite, encourage rural limited natural resources get the reasonable development andutilization, lower transaction costs, avoid market risks, realize urban and rural development asa whole. On the improvement of farmers’ income, and rural dual operation system to improvehas important practical significance.But in the beginning of establishment of our country farmers’ professional co-operatives,because has not been formulated and promulgated formally cooperatives legal norms, producethe "legislation after the first house," and lead to a lot of cooperative governance structure isnot normative legal problems. The members meeting, board of directors and board ofsupervisors, three will be running mechanism is not sound, members of congress the power, adominant; The board of trustees, the board of supervisors is not mandatory to set up and lackof incentive and supervision, rights abuse, right to impose the difficulties. Violates thecooperative seeks the benefit for its members, to promote the establishment of agriculturaland rural development. And improve the organizational structure is the operation of thefarmers’ professional co-operatives, is a basic system arrangement, determine the basicfeatures of cooperatives is the basis and premise of cooperatives specification development. Inthis sense, the cooperative governance structure of the existing legal problems to be solved. Based on this, the author from the perspective of comprehensive to study and analyze theexisting problems.In this paper, the text is made up of four parts. The first part discusses the legal basis offarmers’ professional cooperatives in our country, first of all, this paper introduces the conceptof cooperatives, attributes, and cooperative governance structure of legal connotation. Thenrespectively using the property right mechanism and the distribution mechanism expounds thelaw of cooperative governance mechanism, analyzes the cooperatives internal configurationand checks and balances of rights of the relationship between organizations.The second part mainly analyzes the governance structure of farmers’ professionalco-operatives existing in the current laws and regulations and legal issues. On the basis ofanalyzing the current situation and problems of the law has carried on the induction summaryof causes of the problem, on the one hand has cooperative internal operation mechanism ofpower loss, democratic control operation and scale of cooperatives, members of theheterogeneity of the internal causes; On the other hand there are laws and regulations is notsound managing system and market environment is not mature and external causes. Throughthe analysis of causes of the problem, we can be more effective for the current existingproblems in the cooperative governance structure, so as to put forward rational Suggestions.The third part of developed countries, farmers’ professional cooperative governancestructure are analyzed, using for reference. Respectively introduces the new generationcooperatives, Germany a decentralized governance structure, and Japan’s agriculturalcooperative combination, on the basis of summing up their perfect enlightenment fromcooperative governance structure to our country.The last chapter for cooperative governance structure existing problems put forward toperfect the legal advice. The author thinks that, first, from the members meeting, board ofdirectors and managers, the board of supervisors on the governance structure of the systemarrangement, to be perfect and then on this basis, perfect the internal operation mechanism ofcooperatives, such as, the rational allocation of decision rights and residual claims and tobuild up a complete supervision system, so it can better guide the cooperative practice. At thesame time, the improvement of the cooperative governance structure only inside and outside and can achieve a better legal effect. Therefore, the author at the end of the article and putsforward the cooperative governance structure to perfect the perfect external support systemand the good market environment, institutional environment, external governance mechanismof legal advice.