Research On The Legal Problems Of China’s Farmers’ Specialized Cooperatives

After the reform and opening up,farmers’ specialized cooperatives are mutually supportive economic organizations that are voluntarily united and democratically managed on the basis of rural households’ joint production and contract operation,the producers and operators of agricultural products,or the providers and users of agricultural production and operation services.They are independent and voluntary associations based on the needs of production and self-interest development,and they embody the mutual assistance and cooperation among farmers after the withdrawal of the state and village communities from the field of rural production.Along with the rapid development of social economy,a traditional production mode,one has to keep pace with fully promote the pace of agricultural development level,to increase farmers’ competitiveness in the market economy and the ability to cope with risk,will need to unite the dispersed farmers economy,development of farmers’ professional cooperatives.Farmers’ professional cooperation,can improve the farmers’ consciousness of cooperation,stimulate the incentive to produce,and promote rural economic development,increase farmers’ income.Under the special institutional background of state and society,farmers’ professional co-operatives with multiple functions such as political,marketization and socialization,and gradually become a problem to solve the "three rural" development,win battle poverty,build a well-off society in an all-round way the important organization of power.The orderly development of farmers’ economic cooperation depends on certain organizational structure and institutional guarantee.Since the British textile workers cooperated with each other and organized the fair pioneer society,the organizational structure of farmers’ economic cooperation began to develop in the form of cooperatives,and the corresponding institutional guarantee is the standardized cooperative policies and special legislation promulgated by the country or region.Although national ideology,traditional habits,political environment,social background,differences exist,but the starting point of every country to develop cooperative policy is to safeguard farmers’ groups competition ability,promote the development of rural industry,drive the farmers’ life level as a whole.In 2007,Chinapromulgated and implemented the cooperative law of the People’s Republic of China(hereinafter referred to as the "cooperative law"),which was then amended in 2017 according to the practice.However,due to the limitations of historical reasons and legislative technology,compared with the legal system of farmers’ professional cooperatives in other countries or regions,which has a long history and has been tested in practice,the legal norms of China’s farmers’ professional cooperatives are still backward and blank in terms of the concept of the rule of law,the compulsory mechanism,the way of surplus distribution,etc.,which cannot provide normative guidance for the healthy and orderly development of China’s farmers’ professional cooperatives,and even lead to low efficiency.In this background,this article through to research object,after empirical analysis found that farmers’ professional co-operatives member is uneven,the lack of legal risk control ability;Insufficient sources of funds,serious lack of development momentum;The lack of effective supervision mechanism,the democratic management not guaranteed;Operations appear polarization phenomenon,cannot reach expected earnings.The main reason is imperfect laws and regulations,mainly reflected in the policies and regulations support does not reach the designated position,membership is defined not concrete,interest distribution mechanism is not scientific,the management system is not standard,the distribution of regulations is not sound,etc.Therefore,this article from the internal to improve governance,improve the member rights,establish an effective internal supervision mechanism,and external to increase policy support,strengthen the supervision and guidance and technical support,two aspects,such as how to establish a sound and make full use of legal system,to mobilize and play the positive role of farmers’ professional co-operatives,puts forward some Suggestions for solving the problem of farmers’ professional co-operatives inefficient,in order to perfect the legal system of our country farmers’ professional co-operatives to provide some reference.