Font Size: a A A

Research On Legal Issues Of Grazing Animal Husbandry Cooperatives

Posted on:2021-09-02Degree:MasterType:Thesis
Country:ChinaCandidate:E S AFull Text:PDF
GTID:2516306464987239Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Under the system of contracted management of pastures,it is very important to establish a model of herdsman cooperatives in the vast pastoral areas of China to achieve harmony between man and nature.This can guarantee the grass quality of pastures,further ensure the stability of herdsman's income,and can also enhance herders' self-protection ability in the market economy.This model can not only avoid a series of ecological and social problems caused by the implementation of the rural land contract management system in the vast pastoral areas,but also connect with the circulation of land management rights stipulated in the Civil Law,and achieve the“separation of powers” successfully implemented under the pastoral land contract management system.However,herdsman cooperatives are just in their infancy in our country,and there is no special Herdsman Cooperative Law that regulates their rights and obligations,and most of their legal norms are adjusted by the Farmer Professional Cooperative Law.The production and lifestyles in pastoral areas are fundamentally different from the agricultural production and lifestyles in farming areas.Therefore,among many theoretical and practical issues,there are areas that are quite different from those of specialized farmers' cooperatives and house-raising captive-type herdsman cooperatives.Some legal systems may not be able to solve the problem more comprehensively.Based on the significant differences between grazing-type herdsman cooperatives and farmers' professional cooperatives and house-raising captive-type herdsman cooperation,this article uses research methods such as investigation methods and literature analysis methods to try to resolve some theoretical disputes on the premise of ensuring the basic survival of herdsmen.Issues and practical issues,and put forward his own opinions on the modification and improvement of related legal systems.Regarding herdsman's poor understanding of the legal consequences of capital contributions and inappropriate conversion methods for equity participation,the author proposes to try to use realistic delivery instead of conceptual delivery to reflect the effect of property rights changes.The author proposes to combine the contributorswith stable valuation and the contributors whose valuation fluctuates to be converted into shares,so that the conversion method of shares can be more reliable and standardized.Many people have greater controversy over issues such as whether the acquisition of membership is based on capital contributions.The author puts forward a method from the practical perspective of grazing-type animal husbandry cooperatives,that is,the contribution of capital must be equal to the acquisition of membership,but the acquisition of membership may not be based on capital contribution.Regarding the low participation of ordinary members of the grazing-type pastoral cooperative led by the civilian chairman and the core members are overwhelming,it is proposed that a "precise placement" dual rewards and compensation mechanism should be established to improve leadership.Regarding the low participation of ordinary members of the grazing-type pastoral cooperatives led by the civilian directors and the core members are overwhelming,it is proposed that a "precise placement" double reward and compensation mechanism should be established.The author proposes to improve the understanding of leading cadres on the production and lifestyle of animal husbandry and then distribute bonuses and subsidies to projects that the cooperatives really need assistance.Regarding the balance of interests between core members and ordinary members,it is proposed that business activities that may generate interest and power impulse for members of the board of directors should be transferred to the board of supervisors and other departments composed of non-members of the board.Regarding the question of whether a member has the right to request the return of the management right of the pasture(land)when withdrawing from the cooperative,it is recommended that the return of land should not be restricted to only one return method.It is also hoped that the Farmer Professional Cooperative Law stipulates that the cooperative shall return the capital contribution or share of the provident fund or the corresponding land management rights recorded in the member's account.
Keywords/Search Tags:Grazing-type herdsman cooperatives, capital contribution, cooperative governance, surplus distribution, member withdrawal
PDF Full Text Request
Related items