A Study On Members' Rights And Their Protection Of Farmer Cooperatives In China

The system of farmer cooperatives in our country is mentioned to protect the interests of farmers,improving the weak position of farmers with small production in the market-oriented agricultural production and operation,to mobilize the resource in the form of cooperation organization and promote the industrialized operation of agriculture modernization and development.In order to govern the farmer cooperatives in legal,the farmers cooperatives law was enacted in 2006 and revised in 2017.New revision of the law determines the farmers cooperatives in market transactions equal status with other market main body,allowing farmers to undertake the management of land and other non-currency property as the social investment,increasing the level of cooperatives in information and technology service type,it established the legal status of cooperative association,the members join and drop-off free,democratic management,one person one vote,members surplus allocation is accorded with their volume of the cooperatives.These strengthen the protection of the members' rights to some extent,also bring farmer cooperatives into legal view again.However,the existing practice of farmer cooperatives law didn't solve such problem as the cooperative function falsified,ordinary membership marginalized,these problems lead to the cooperative members unable to exercise their right,deviated from the original intention of cooperatives was established.first of all,this paper define the concept of farmers co-operatives and members' rights,using the Ferdinand Tnnies' social and community theory to argue that cooperatives both have community and social attribute,and clarifying the characteristics and content of members' rights.Then from the point of view of theoretical analysis of the membership rights protection of legitimacy,and use the Durkheim's theory of social solidarity extracted to construct cooperatives into a professional group to build cooperative work ethic and argue the importance of moral belief.Based on the empirical research to find and solve problems,according to four cooperative research analysis of F countryside in Henan province,this paper points out exercising influence membership right obstacle in the farmers cooperatives in our country at present:First,regular members don't want to exercise their rights,they don't know a lot about the content of members' rights,and lack of procedures legislation;Second,it is difficult to implement membership democratic participation,the farmer cooperatives are in control of some powerful members and government;Third,it is lack of effective remedy.These problems mainly due to the cooperative systemic and legal transplantation,farmer cooperatives are mainly founded by non-farm subject and the differentiation in farmers.According to these factors which obstruct the exercise of members' right and their causes,this article put forward these suggestions to protect the fully exercise of members' rights:strengthen the cooperative talent training and the procedure legislation;limit the extra voting rights,regularize the behavior of the director and other administrative staff,exercise the guidance,support,and service function of government,improve the cooperative internal and external governance structure;increase members' self-remedy and judicial remedy.