Research On Problems Of Legal Persons Of Farmer Professional Cooperative

In recent years,the central document No.1 has always taken the issue of "three rural areas" as the focus of attention,many times proposed to speed up the establishment and improvement of the farmers professional cooperative corporate governance structure.Since the enactment of the 2017 Law on Farmers’ Professional Cooperatives,larger measures have been made against farmers’ professional cooperatives,such as the removal of "similar restrictions" and the allowing of associations.However,no substantive changes have been made to the relevance of the legal entity of the cooperative.In practice,it is found that the corporate governance structure of farmers’ professional cooperatives basically imitates the setting style of limited liability companies,but it is not surprising that the corporate governance structure of for-profit companies causes alienation in the special subject of the use of farmers’ professional cooperatives,based on the difference between human and financial characteristics and the welfare and social stability functions of the cooperatives themselves.This paper also follows the traditional three-point method: to ask questions-analysis of the reasons-to give countermeasures,in the relevant theoretical concepts under the foundation,through visits to some of the surrounding farmers professional cooperatives,in the interview to find problems,thinking about countermeasures.In particular,the first part,in addition to the study of meaningful methods,mainly makes some conceptual and theoretical paving,including the type of farmers’ professional cooperative introduction,which mainly explains the concept basis of farmers’ professional cooperatives and legal person governance,and then explains the definition of the right to property rights,property ownership is clearly the cornerstone to ensure the rationalization of the internal transaction costs of farmers’ professional cooperatives and reduce external legal risks.On this basis,by explaining the relationship between ownership and management and governance and contract-based entrustment,the necessity of applying the application of farmers’ professional cooperatives but distinguishing them from the general assembly,board and supervisory board of limited liability companies.The second part first of all,the farmers professional cooperatives to comb the law and policy,analysis of a more forward-looking and mature legal person governance norms and recommendations,and secondly,combined with the current theory to explain the cooperative legal entity should be the state and legal policy of the fit and from the perspective of normative analysis to find legislative problems.The third part mainly through the fact-finding to the actual interview investigation found problems such as the existence of the authority of the false,the existence of the executive mechanism of the lack of incentive mechanism and the existence of the supervision body of the absence of the establishment and so on.In the analysis of the problem,around the empowerment arrangement of the appropriate rights proposed in this paper,such as the right of members to object to add and delete,around the allocation of rights,this paper put forward such as the combination of statutory functions and determined functions of the legislative model and so on.