Study On Legal Problems Of Chinese Farmer Cooperative

In china, farmer cooperative is a kind of mutual economic organization established by the producer of the homogeneous agricultural production or the supplier and user of the homogeneous agricultural producing and managing services based on peasant household contract management. It aims at servicing farmers and makes good function in exploring market, promoting structure adjustment of agriculture, increasing farmer's earning, realizing scale economic returns, promoting the construction of the new socialist countryside and so on.The farmer cooperative accords with the requirements for legal person stated by General Principles of the Civil Law,and evidently distinguish from illegal person. Thus, it possesses legal person character. The farmer cooperative has the profitable and public character, and can't be covered by the existing classification system of legal person, so it is possible that it acts as a new type legal person, named cooperative legal person. Contrast to partnership, collective enterprise and company, the farmer cooperative has the unique legal features, such as the purpose of service, variability of capital, democracy operation and the character of some property that can't be divided.The main systems of farmer cooperative are comprised of capital system, the property rights system, the internal control system and distribution system. In the capital system, the farmer cooperative has three important characters, such as limited proportion of investment, changes in capital and capital agreed. Due to the variability of capital and the capital agreed, the farmer cooperatives lack of external credit, and can't protect the interests of creditors. In a property rights system, through the creation of individual member accounts, the property rights of the members is cleared, but restriction on the exchange of share between individual members isn't obviously conducive to development of the farmer cooperatives. In the distribution system, the expansion of proportion of capital gains and the distribution of public funds develop the principles of the traditional cooperatives.