Research On The Current Situation Of Farmers' Specialized Cooperatives As Legal Person In China

With the development of our country's economy,the commercialization and specialization of agricultural production are becoming more and more advanced,and the contradiction between the household contract system and the socialized market is becoming more and more obvious,and various kinds of rural economic organizations appear constantly.The farmer specialized cooperative is one of the most important forms,which plays a positive role in the large-scale operation of the agricultural industry,resistance to market risks and so on.As the main body of the new agricultural management,the farmers' professional cooperatives can organize the weak and marginal groups of farmers and poor groups,form a stronger force to face the big market,improve the farmers' income,Enhancing the competitiveness of agriculture plays an important role.In addition to the function of economic organizations,farmers'cooperatives also bear a certain social functions.Since the implementation of poverty alleviation in 1986,precise poverty alleviation has become the top priority of the central and local governments.As an independent legal person of farmers' voluntary association and democratic management,farmers' professional cooperatives can optimize the allocation of poverty alleviation resources in the process of precise poverty alleviation,become an important carrier to implement various poverty alleviation policies,and accelerate agriculture in poverty-stricken areas in the new period.Rural development,the formation of industrial poverty alleviation mechanism of an important economic organization.Since the implementation of the Law on Farmers' Professional Cooperatives in 2007,China's Farmers' Professional Cooperatives have developed rapidly.The law is based on the affirmation of the independent market position of Farmers' Professional Cooperatives.It provides a strong legal guarantee for the regulation and development of farmers' professional cooperatives.October 1,2017,China's "General provisions of the Civil Law" began to implement,determine the farmers' professional cooperatives special legal person status of the main body of law.This innovative category of legal persons is of great significance in protecting the rights and interests of members of special legal persons and those dealing with them,and in enabling special legal persons to better participate in civil activities.On December 27,2017,on the occasion of the ten-year implementation of the Farmers' Professional Cooperatives Law,the amendments thereto were adopted at the 31st meeting of the standing Committee of the Twelfth National people's Congress and shall enter into force on July 15 2018 Further standardize the operation and management of farmers' professional cooperatives.However,in practice,due to the defects in the legal person system of farmers'professional cooperatives and the restrictive factors of the development environment,there are still some problems in the exertion of the functions of farmers' professional cooperatives as legal persons.In the process of development and implementation in the future,there are still some problems.It can be perfected from two aspects of practical operation and local legislation to make the legal person of farmers' professional cooperatives play a greater role in rural development and precision poverty alleviation.