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On Legal System Consummation about Farmers’ Professional Co-operatives in China

Author: WanJian
Tutor: LiXuDong
School: Southwestern University
Course: Civil and Commercial Law
Keywords: Professional farmers cooperatives Earnings Audit and supervision Improve the legal system
CLC: F321.42
Type: Master's thesis
Year: 2011
Downloads: 221
Quote: 0
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Abstract


Since the late 1980s, the modern agricultural cooperatives gradually rise in China's vast rural areas, and was booming trend. October 31, 2006, China's first specialized law to regulate the development of farmer cooperatives - the People's Republic of China professional farmers cooperatives law \into the legal system development track. Professional farmers cooperatives industrialized operation of agriculture practice of the carrier, is the better path selection for the realization of agricultural modernization in China. Organizational system as a special arrangement, farmers cooperatives came into being with the implementation of the strategy of the national agricultural industrialization, the emergence and development of China's rural reform following the household contract responsibility system after another institutional change and innovation. However, the development of farmer cooperatives legal supply is still highlights the great lack of civil and commercial law theory and legislative practice the role of farmers' professional cooperatives still significant limitations, can not effectively guide and promote the professional farmers cooperatives in China development. Professional farmers cooperatives law perspective study has important theoretical and practical significance. This study is in our country is in a critical period of building a new socialist countryside, Chongqing actively implement the central \Economics and Philosophy of Law multidisciplinary research and research methods, professional farmers cooperatives in China's legal system theory is more comprehensive and systematic study try. Text is divided into five parts: The first part is an introduction; professional farmers cooperatives basic theoretical overview of the problem of the second part; The third part of our professional farmers cooperatives progress and shortcomings of the existing legislation; fourth part is the inspection of foreign cooperatives legal system Its Enlightenment; fifth part of farmers' professional cooperatives legislation to improve the relevant recommendations. In the first part of the background of this paper were presented. This paper argues that, to improve the farmers' professional cooperatives legal system, and promote the healthy and sustainable development is of great significance for promoting China's industrial management of agriculture, promote rural reform in the new era, China's agricultural modernization. I hope that through this study, provide a useful theoretical support for professional farmers cooperatives in China perfection of the legislation, in order to enrich our legal system of farmers' professional cooperatives theoretical results. In the second part, related to basic theoretical issues of farmers' professional cooperatives sector. Departure from the generic concept of cooperatives to explore the historical origins and meanings of the cooperatives. On the basis of the International Cooperative Alliance on agricultural cooperatives defined professional farmers cooperatives concept defined and restated seven principles of cooperatives established by the International Cooperative Alliance. And analyzed, the paper argues that the legal nature of the farmers' professional cooperatives should be defined as a special non-profit legal person. In this paper, our professional farmers cooperatives law text analyzed the basic characteristics of the professional farmers cooperatives, and on this basis, a comparative analysis of farmers' professional cooperatives and other organizational form. In the third part, the basis of this article, \In the progress of the legislation include: start-up of the cooperative legal system; clear right to equal membership; build a system of organization; build a surplus distribution system; framed the government support system. In terms of the lack of legislation, including: members the right to obtain the loss of the system is imperfect; membership contribution is non-deterministic; lack of members the right to relief system; unreasonable surplus distribution system is not perfect; government support policies; audit and supervision system is imperfect. In the fourth section, the foreign legal system of cooperatives comparative study. France, Germany, the United States agricultural cooperatives and the development of the Japan Agricultural Cooperative and related legislation introduced, summed up the characteristics of the development and the advanced experience of foreign agricultural cooperative organizations, and that the development of farmer cooperatives in China must rely on sound legal support mechanisms, where government support for professional farmers cooperatives are an important part of legal protection. In the fifth part, this paper presents the relevant recommendations of farmers' professional cooperatives Legislative Perfection. Contains seven aspects: First, improving the acquisition and loss of membership rights system. Increase shall not refuse to meet the entrance conditions as members of the entrance, members the right to transfer and quality, to increase membership heir entrance, perfect the members retirement community when the provisions of the legal consequences; Second is to improve the system of membership contribution. Members in the form of funded and statutory funding requirements; additional relief system on the Rights of the members. Focus on building the members of the self-relief system and litigation relief system; adjust the surplus distribution system. Change in existing law relating to the distribution of surplus unreasonable order; build professional farmers cooperatives union system; Sixth, improve the system of government support; 7 is to improve the audit and supervision system. Focus on perfect commissioned audit and supervision system, the creation of the special audit and supervision system.

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CLC: > Economic > Agricultural economy > China 's agricultural economy > Rural economic structure and institutional > The form of agricultural cooperation > Economic union
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