Research On The Legal System Of Farmers' Professional Co-operative In China

On July 1, 2007, the act of farmers' professional co-operatives began to implement in China. The law has played an important role in encouraging the farmers to form professional cooperatives and forming a production and operation scale with certain market competitiveness, which is a better protection of the interests of farmers and an important step for our country to build cooperative law system with Chinese characteristics. In recent years,the farmers' professional co-operatives have obtained a large development in our country, and the number of farmers' professional co-operatives is growing fast, as well as the number of members. The farmers' professional cooperatives of our country are widely distributed in multiple industries; the extensive development of cooperatives has played an important role in carrying out specialized agricultural production, promoting agricultural scale management,and leading the farmers of new era to participate in market competition. But the reality is that the situation of the farmers' professional cooperative development of our country is not very optimistic, the cooperative members are still very few, and few of them can realize standardized operation, even some farmers' professional co-operatives stay in trouble, which only survive in name. The reasons are various through analyses, but the imperfect law on farmer professional cooperatives system is also one of the most important factors. This paper intends to have a further study of the legal system of the farmers' professional co-operatives of our country, and analyze certain important legal problems restricting the development of farmers' professional cooperatives, and provide concrete and practical opinions or suggestions on its existing problems.At present there are all kinds of problems in the development of farmers' professional cooperatives. Based on the basic theory of farmers' professional co-operatives, the paper focuses on the issues of government function positioning, membership, and organization and management. In terms of membership, the author believes that the current farmers'professional cooperatives law restrictions on membership is too strict, which will be not conducive to the development and increase of farmers' professional co-operatives in the current environment of insufficient funds and the lacking of personnel. Therefore, the author suggests changing the existing status of the farmers. In terms of internal organization and operation mechanism, currently there is a common practice in our country that the cooperative mechanism is not sound, the management is irregular, also the organization's functions and rights are abused. Therefore, we suggest that the cooperative legislation should not stop at the establishment of the the position of the highest authority of the congress members, and greater rights shoukd be given to the members and also the power of the members and how to fulfill these powers should be clearly illustrated. In terms of internal relief system, our country should eatablish a farmers' professional cooperative internal relief system as soon as possible and protect the legitimate rights and interests of the members to exempt their concerns.