Research On The Legal Mechanism Of The Cooperative Finance In The Farmers’ Specialized Cooperative

Farmer specialized cooperatives internal financial cooperation is new rural cooperative finance which in the farmers’ professional cooperatives established in accordance with the law to carry out cooperation of mutual funds and credit business. As a true student of cooperative finance, it jumped out of the traditional rural financial institutions focus on supply and the mindset of contempt for the demand, gave full play to the internal members of the cooperative between symmetric information advantage, effectively overcame the financial supply and demand gap, financial support and agricultural production from the ills, it had good effect on reducing financial risks, and actively guiding financial resources to serve the "agriculture, rural areas and farmers ", developing modern agriculture, promoting the development of rural economy and improving farmers’ income.Professional farmers cooperatives internal financial cooperation, because of it’s mutual aid and cooperation, service and other features, show powerful vitality in the process of financial support for agriculture. But with the development and maturation of the new rural cooperative finance, the lack of legal support system has increasingly become an obstacle for the further development, due to lack of unified market access legal system, many farmers specialized internal cooperatives walk in the gray area of formal and informal finance; the lack of property rights mechanism leads to vague division of property rights, as if hanging on the head of the sword of Damocles; lack of internal governance, it has to learn for imitate all kinds of financial institutions and the formation of internal governance mode "diversification"; the financial supervision department and supervision of local government responsibility is not clear, the regulatory vacuum and double over regulation of chaos.Build a complete legal system to provide full legal support is the only way to realize the farmers’ professional cooperative cooperation. Improve farmers’ professional cooperatives cooperation within the legal mechanism of finance, should make an analysis of the new form with cooperative financial theory, and introduce the financial fair idea which is more fit rural cooperative finance, investigate and review the existing legal mechanisms, dig in reality exist in the legal system and the causes of the problem, explore countermeasures and path for the farmers’ professional cooperative cooperation within the legal mechanism of finance reform and innovation, provide reference to crack China’s rural nature of cooperative finance development bad problem, constructing the cultivation of China’s rural cooperative financial system.According to the research idea of "expound theory-- investigate present situation--comparison and reference--to get suggestions",we conduct a systematic research of China’s farmer specialized cooperatives internal financial cooperation legal mechanism, the full text is divided into five parts except the introduction:The first part: A summary of the concept and theory of the cooperative finance of farmers’ professional cooperatives. The part introduces the farmer specialized cooperatives cooperative finance the new rural cooperative financial organization, from the point of view and the theory about financial cooperation, from the view of the principle that financial fair value idea and describes the fit for real endogenous cooperative financial organizations and cooperative finance theory.The second part: The current situation of the legal regulation for the cooperative financial organization about the farmers’ professional cooperatives. This part makes a study on China’s current professional farmers cooperatives cooperation within the legal mechanism, on different levels of legal regulation from the perspective of market access, property distribution, internal governance, financial supervision and review.The third part: The problems and causes of the legal mechanism for the cooperative finance in the farmers’ professional cooperatives. This part makes an investigation on the existing cooperative financial legal mechanism, in accordance with the legal system of mining in practice, there are many problems, combined with the financial fair idea and make in-depth analysis of the issues behind the causes.The fourth part: Legal system experience of Foreign Rural Cooperative Finance. This part introduces experience of the United States, Germany, Japan and other countries of the cooperative financial legal system, summarizes the experience for our country to draw lessons from the cooperative financial legal system.The fifth part: The reform and innovation of the legal system for the cooperative finance in the farmers’ professional cooperatives. This part put forward specific reform and innovation suggestion to perfect our country farmer professional cooperative cooperation within the legal mechanism of finance, from the access mechanism, protecting property rights, internal governance and financial regulation improve the corresponding legal system, to form a set of highly efficient operation legal mechanism, and look forward expectation on the development of the legal system for China’s rural cooperative finance.