An Analysis Of The Legal Structure Of Chinese Farmers' Professional Cooperatives

With the revitalization of China’s agricultural industry,the number of specialized farmer cooperatives in China has been increasing rapidly,and their main character remains unchanged,which is an important basis for the country to guide the development of rural economy.The definition of "special legal person" is a signal to guide the standardized development of specialized farmer cooperatives.At the same time,the increase of the role of capital increases the degree of internal industrialization requirements,and promotes the emergence of contractual relationship between core members and ordinary members.The property right structure will undergo a big change,and the company will quickly transform into a joint-stock system.So,the Chinese government standard and service the development of farmers’ professional co-operatives content in addition to direct policy guidance and management,perfect legal system will be more can lead the healthy development of cooperative,a good cooperative business environment also cannot leave the legal safeguard,building perfect legal system will be the main attack direction in the future scholars and lawmakers.The entrance of external capital can accelerate transition speed of joint-stock system directly,on this foundation,administrative system will be more complex.The problem of large difference in the nature of the original membership relationship needs to be regulated by law,and a certain proportion of investment should be determined to ensure the real right of participation.If the external capital comes in the form of selling the existing shares or by any other means,it will bring about a reshuffle of the property right system in the cooperatives and possibly change the original operation and management system.The "one person,one vote" system stipulated by the law of our country will add appropriate additional voting rights to reflect the fairness of the members in the legal person organization.From the perspective of property ownership,what is the return ratio of the surplus distribution after the entry of external funds? China has not stipulated this yet.With reference to the solutions and achievements of such problems in the joint-stock system development of foreign cooperatives,China’s specialized farmers cooperatives are bound to strictly limit the profit distribution proportion of foreign funds and strictly withdraw from the mechanism to guarantee the rights and interests of original members.Therefore,the fundamental nature of the cooperatives after the entry of external funds should be guaranteed unchanged,that is,the continuation of the patronizing nature of the members and the overall consideration of the external pursuit of maximum profits should be taken into consideration.In particular,the interests of members should not be sacrificed to simply meet the maximized interests.Development trend of "joint-stock system" farmer specialized cooperative.The development of joint-stock cooperatives in foreign developed countries has brought new opportunities for the development of cooperatives in China.The reform of rural property rights system in China also draws lessons from the achievements of joint-stock cooperatives in the west to some extent.In the future,China’s farmers’ professional cooperatives will also face property right reform.The integration and separation of property right and capital contribution will be coordinated and clear,which will be the basic motivation to encourage members to work together.Coordinated operation mechanism and modernized corporate management will also be the future direction of cooperative governance structure.Study of corporate governance,corporate governance system is more able to adapt to the development of market economy,create a higher value space,cooperative,draw lessons from the corporate governance mechanism to a certain extent,to join the incentive mechanism to activate the enthusiasm of individual members to participate in cooperative governance,single management shares in order to improve the management,such as compliance with the administrator of the faithful obligation of corporate operation will be cooperative reference method.As rural economic cooperation organizations,specialized farmers cooperatives and agricultural joint-stock cooperatives are an important part of China’s agricultural industrialization.They will integrate with each other,learn from each other and gradually combine in the future development.Two groups of members to strengthen service at the same time,to ensure the increase of internal members thought,the improvement of management level and idea,to improve the overall quality of the peasants in China shoulder the mission of the future agricultural development in our country,is not only a technological innovation,integrity of the industry,and also requires the increase of peasants’ quality,self value cognition and show.