The Influence Of Kolkhoz Law To China

The cooperative is a product of the capitalist society, and the cooperation movement is one way which the social economy minority groups help themselves at the beginning. Although around the May 4th Movement of 1919, the Western classical cooperative thoughts were introduced to China already, however, as a result of the ideology, the political system and economic basis's difference, the cooperative idea, as the cooperative law's origin, was qualitatively changed in China, deviating the classical cooperative thoughts'source. Because of the influence of the former Soviet Union's collectivization movement, our country is always being confused by the collectivization and the movement to organize cooperatives, the collective economy and the cooperative economy, the collection system and the cooperation system regarding cooperative's understanding for a long time, and this has enormously restricted the production and the development of our cooperative economy. Taking this into consideration, this article firstly analyzes the former Soviet Union's collective farm law, and then discusses the deep level influence, which roots in the collectivization thought, to our country's cooperative legislation. In the end, this article discusses the newest tendency of the world's cooperative legislation, reiterating the classical cooperative legislation idea, and then proposes the necessity and feasibility of restructuring our cooperative law's core spirit. The subject of this thesis is"the influence of kolkhoz law to China". The whole text is almost 50,000 characters in total, divided into four chapters except introduction and conclusion. As follows:Chapter one traces the source of the Kolkhoz Law, analyzing the deep level reason of its development. This part involves the content including aspects and so on kolkhoz law thought origin, legal origin as well as system foundation.Chapter two bases on the selective analysis of the Kolkhoz Law's basic system, it laid the foundation to further elaborate the influence to Chinese cooperative legislation. The first section proposes the principle of kolkhoz law, because the principle is the core in a law. The second section has analyzed legal relationship of Kolkhoz Law, induces the unique dual structure. The third section selects model's Kolkhoz system, intends to spies on the collectivization idea that is as the guiding principle.Chapter three is on the base of the first two chapters, induces the special characteristic of Kolkhoz Law and the influence to various countries. Chose devotedly the representative model, further indicated that the collectivization guiding principle in Kolkhoz Law that exists has the historic importance.Chapter four analyzes Cooperative legislation in China which has the collectivization thought to be remaining, reiterated the necessity that rebuilding of cooperative legislation idea, constructs the new idea——the mutual cooperation, the weak one help oneself. Hope it will be helpful to revision of Cooperative legislation idea for our country, provided some references for afterward researcher.