Research On The Corporate Governance Structure Of Farmers' Professional Cooperatives

As the main economy in rural areas,farmers' professional cooperatives,through the role of acting as intermediary between the internal members of cooperatives and market capital in commercial activities,facilitate the trade of members,increase their interests,promote the economic development of the whole community,and thus achieve the integration of rural resources without destroying the existing ones.The form of property rights is the purpose of promoting the development of rural economy.At the beginning of the establishment of the farmers' professional cooperatives in China,due to the lag of legislation,the formal regulations of the cooperative law had not been formulated and promulgated at that time,which resulted in the strange phase of "building the society first and after the legislation",which led to the emergence of the legal problems of the non standard governance structure of many cooperatives.The operating mechanism of the three meetings of the members' meetings,the Council and the board of supervisors is not sound,which violates the interests of the cooperative members and promotes the establishment of agriculture and rural development,and has greatly affected the further development of the cooperatives.Even after the promulgation and implementation of the law of the farmer's professional cooperative in 2006 and the revision of some contents of the law in 2017,the regulation of the corporate governance structure is still too general.It is not so strong that the current rural economic base is poor and the level of the personnel's cultural quality is relatively low.Operability,the existing legal problems of cooperative governance structure need to be solved.Based on this,the author will study and analyze this existing problem from a comprehensive perspective.This paper makes a brief investigation and Study on the development of farmers'professional cooperatives,and finds out some problems of their corporate governance structure,and analyzes the common problems in theory.In addition to the introduction,it mainly includes the theoretical disputes of the corporate governance structure,the legal path of the farmers' professional cooperative governance structure and the legal realization of the corporate governance structure of the farmer's professional cooperative.The three aspects are the legal realization of the legal person governance structure of the farmer's professional cooperative.First,the paper gives a brief explanation of the corporate governance structure of farmers' professional cooperatives.After introducing the basic model of the corporate governance structure of the farmer's professional cooperative,the necessity and the system rationality of the cooperative corporate governance structure are fully demonstrated through the comparison with the corporate governance structure of the company.Secondly,the paper makes an empirical analysis of the corporate governance structure of farmer cooperatives in China.Through the case investigation and the analysis of the basic theory,such as property right theory,three right separation theory and principal-agent theory,this paper makes an empirical study on the status and problems of the corporate governance structure of farmers' professional cooperatives in China,and finds out some problems existing in the farmer professional cooperatives of our country,such as the defects of the property right system and the democratic management.It is in form,the heterogeneity of the members is obvious,the capital is insufficient,the ownership concentration is concentrated,the phenomenon of intervention is prominent,the supervision mechanism and financial management are not standardized,and the incentive and restraint mechanism to the operators is not perfect.This includes the internal causes of farmers,professional cooperatives,and the influence of external environment such as legal environment,market environment,management system and policy factors.Finally,the paper discusses the improvement of the corporate governance structure of China's farmers' professional cooperatives.The legal realization of improving the corporate governance structure of the farmers' professional cooperatives in China is to solve the conflict between the democratic management of the members of the community and the management of the management and management,to construct a governance structure suitable for the democratic management of the members of the community,to endow the cooperatives with more autonomy space,and to improve the incentive and constraint mechanism of the management.Therefore,according to the legislative status and practice of the farmers'professional cooperatives in China,the main suggestions for improving the corporate governance structure can be summarized as:perfecting the system of property rights and equity structure,perfecting the capital structure,perfecting the system of setting up the internal governance structure,the meaning of the independence of the legal person,the management ability of the plastic legal person,and standardizing the government and financial machine.We should perfect the voting mechanism,improve the incentive mechanism and supervision mechanism.