Study On The Law On The Governance Of Farmland Cooperative

Farmland cooperatives,that is,rural land joint stock cooperatives,are cooperatives that use the land contractual management rights of farmers to obtain shares.Farmers acquire the status of shareholders.The transferred land is managed and operated by the farmland cooperatives.They can be rented and operated independently.Distribution of benefits.As an important new type of cooperative economic organization in China,farmland cooperatives provide farmers with the protection of farmland rights and interests in the transfer of land contractual management rights,while also maximizing the value of farmland.China's rural revitalization and targeted poverty induce strategy are in line with demand.Farmland cooperatives can not only solve the problem of farmland fragmentation caused by the household co-production contract responsibility system,integrate the village collective's land resources and use them to expand the strength of rural collectives,but also provide a stable rural labor force transferred to non-agricultural industries.The income guarantee will accelerate the development of urbanization,make farmers no longer depend on land,and solve the problem of poverty in rural areas.Therefore,it is actually significant to discuss the governance of farmland cooperatives,which will not only promote the maturity of this cooperative economic organization,but also contribute to the development of China's poverty alleviation cause.Rural cooperative communities differ from traditional cooperatives.On the basis of the cooperative,the joint-stock factor of the enterprise is introduced to form a new organizational system.On the basis of traditional farmers' professional cooperatives,the theory of endogenous transaction costs,and the incentive of external profits,the farmland cooperatives are obviously more relevant and protect the interests of farmers.However,owing to the deficient of coherent legal systems and insufficient self-regulation of farmland cooperatives,various legal problems have arisen in their legal status and management process.Outside the process of marketization,the inadequacy of the power system of the member assembly prevents farmers' shareholders from exercising their rights,the absence of the council's constraint mechanism leads to the situation of "inside people control" of farmland cooperatives,and the lack of supervision by the board of supervisors has caused their power to be almost lost,etc..Therefore,there is an urgent need for effective governance of farmland cooperatives from both external and internal perspectives.This article takes the legal problems of farmland cooperatives in practice as the research object,and adopts the case study research method,mainly combining the typical cases of Shanglin Village and Zhenwu Village,and the available theoretical results to form an introduction to the legal status of farmland cooperatives—Explain the legal elements of effective governance of farmland cooperatives—analyze the source of the issue from a legal angle—design a reasonable legal approach to research,and work on the external legal system,the power of internal member conferences,and the council restraint mechanism The supervisory mechanism of the board of supervisors and other aspects put forward corresponding suggestions on the governance of farmland cooperatives.