Study On The Legal Principle Of Farmer Specialized Cooperative Law

The 24th meeting of the tenth National People's Congress Standing Committee on October 31 has already passed"The Farmer Specialized Cooperative Law"of our country. According to the author, so far from the reform and opening, agricultural economists and researchers of administrative department in charge have dominated on the research of cooperative economy and cooperative economy organizations, while the legists focus on the issue later, meanwhile their input is not enough, which causes that there are so many fundamental theoretical problems about legislation of Farmer Specialized Cooperative Law have not been resolved that lots of disputes appear in the theory and practice. Therefore, firstly, the author begins with the fundamental theoretical problems, containing the problem of its department law attribute, and then poses the view that the very law belongs to the industry organization Law and argues it. Based on the previous discussion, the author analyzes the problem of the name of the law, and concludes that the essence of the law is promotion for the Agricultural Cooperatives law, which is the theoretical foundation of this thesis.Based on this content, the author firstly defines the legal principle of Farmer Specialized Cooperative Law, with the opinion that the principle should include the legal principle of Agricultural Cooperatives and the principle of national support, researched on separately. Therefore, with the principle of international cooperatives, the 3rd paragraph emphasizes the analysis of the legal principle of Agricultural Cooperatives of our country, and based on the analysis of the draft on august 24th, the author poses that the 3rd term of the law should be modified as"Farmer Specialized Cooperative ought to obey the fundamental principles, as follow: 1. (1) member take the farmer as a main body; (2) joins voluntarily, withdrawal freedom; (3) member equality investment, equal in status, implementation democracy control; (4) capital reward limited (5) earnings mainly defer to the member and the farmer specialized cooperative society's business volume (volume) the proportion return.The 4th paragraph discusses the principle of national support. In terms of this principle, the author has the view that it's the embodiment of the temperate interrupting principle in the Farmer Specialized Cooperative law. We should comprehend the principle from two lays: first, how to support, in other words, which measures should the principle include; second, how to show the temperate interrupt. Therefore, the national support principle not only embodies in the financial support, credit support, tax deductions and exemptions, education, training and cooperation of the Cooperatives, but also in the aspects of respect the rule of the market, keep the cooperative self-governed and independent, and insist on the triple-peasant principle.