A Research Report On The Legal Issues Of Profit Distribution Of Farmer Specialized Cooperatives

According to article 44 of the law of the People's Republic of China on specialized farmers' cooperatives,the total amount of the distributable surplus returned in proportion to the trading volume between the members and the cooperatives shall not be less than 60 percent of the distributable surplus.On the one hand,this regulation is to maintain the same nature of owners and patrons of farmers' professional cooperatives,on the other hand,it is intended to stimulate members' production enthusiasm by giving other elements allocation space.Based on different business farmers' professional co-operatives can be divided into primary agricultural production cooperatives,processed cooperative,a hybrid cooperative and service class cooperative four categories,in 76 farmers' professional co-operatives of Fujian province as research samples after field investigation and statistical analysis on the practice of profit distribution,found that different types of farmers' professional co-operatives in the distribution of interests suffered similar legal trouble,most of the farmers' professional co-operatives did not meet the farmers' professional cooperatives law provisions of article 44 of the volume ratio of conditions,but more direct share out bonus according to the proportion of the contributions.It is difficult to determine the trading volume between the members who invest in different ways and the cooperatives.Among them,the farmland shareholding cooperatives,as a form widely used in China's professional farmers cooperatives,are the most obvious.The legal nature and the way of interest distribution are not specified.The imperfect legal supervision system and the lack of punishment means also lead to the farmers' specialized cooperatives that can meet the proportion of trading volume are still not distributed in strict accordance with the law.Therefore,it is necessary to combine theory with practice and make an in-depth study of the above problems,in order to improve the legal system of cooperative interest distribution in China.In addition to the conclusion,this research report is divided into four parts:The first part describes the specific composition of the research,including the research background and significance,research status at home and abroad,research time,place and object,research methods and contents.In the second part,the data of 76 questionnaires collected from this research were sorted out,including the category of farmers' professional cooperatives,the mode of members' investment,the proportion of members' investment,the trading volume between members and cooperatives,the subject of decision-making and the scope of financial disclosure,etc.,and the statistical data were briefly analyzed.The third part is the cooperative profit distribution main legal problems and cause analysis,from most of the farmers' professional co-operatives are there not by trading legal return surplus ratio,different categories of farmers' professional co-operatives volume difficult to determine(including farmland in cooperative performance most prominent)on this issue,the supervision measures in place three Angle analyzes the legal problems and their causes were analyzed.The fourth part puts forward some Suggestions to improve the legal system of profit distribution of farmers' professional cooperatives,including controlling the scale and proportion of members' investment,reducing the difference between the proportion of contributions and the proportion of transactions,and controlling the proportion and scale of transactions of non-members.The legal nature of farmland shareholding cooperatives should be clarified in the law on professional farmer cooperatives,and the method of rent + dividend distribution can be adopted.A perfect legal supervision system should be established.