Research On The Source And Course Of Cooperative Legislation Based On The Comparison Between The Cooperative Dual Legislation Patterns

This article starts with the beginning and the development of the cooperative movement,and then states the background and motivation of cooperative legislation in the early capitalist countries, and therefore, draws forth the separation of dual legislation pattern under the leadership of different cooperative legislation thoughts. The socialist countries represented by the Soviet Union mainly adopt the pattern of cooperative legislation in the direction of"transition theory"while the developed capitalist countries represented by American mainly adopt"practical theory"as the cooperative legislation pattern. Along with globalization and world economics integration process quickening, cooperative must solve the problem of conservative and innovation in order to deal with the intense market competition day by day. Each government adjusts and reforms the establishment objective and basic principle in according to the practical needs. These changes mainly manifest in various countries formulate or adjust the cooperative related laws. In this process, the cooperative legislation pattern taking"transition theory"as guiding principle declined day by day while the cooperative legislation pattern taking"practical theory"was gradually accepted and adopted by most countries. Cooperative's dual legislation pattern was finally merged through hundreds of year examination. Under this times background, China promulgates "Farmer Specialized Cooperative Law", which not only has agreed the major tendency of world cooperative legislation, but also symbolizes the returns of cooperative status and value in China.This article, except for introduction, can be divided into four chapters:Chapter one first elaborates the conditions of cooperative producing and the early cooperative movement seed, and then discusses the origin of cooperative legislation and finally draws forth the separation and influence of cooperative dual legislation pattern.Chapter two gives a more detail explanation of cooperative legislation pattern, which takes"transition theory"as guiding principle. As a constituent of scientific socialism theory of Marx and Engels, the cooperative legislation pattern, which takes"transition theory"as guiding principle, has great influence on the early cooperative legislation practice in most developing countries by the inheritance of Lenin, Stalin, Mao Zedong.Chapter three gives a more detail explanation of cooperative legislation pattern, which takes"practical theory"as guiding principle. Because of the change of economic environment and the international competition pressure enlargement, cooperative gradually developed into the form of corporation and commercialized. The market economy developed countries represented by American turn into the direction of"practical theory"in the respect of cooperative legislation thoughts and legislation practice.Chapter four analyzed the development of cooperative movement and the new tendency of cooperative legislation on the basis of stating the changes of cooperative legislation thoughts, and then pointed that "Farmer Specialized Cooperative Law" of our country not only has agreed the major tendency of world cooperative legislation, but also symbolizes the returns of cooperative status and value in China.Lastly, in the collusion, the article suggests that the government should strengthen the advertisement and construction of cooperative culture and set a good public opinion atmosphere for the "Farmer Specialized Cooperative Law".