Research On Legal Issues Of Cooperative Governance

As the most important form of agriculture and rural development,the cooperatives with the farmer as the theme are the "motif" that rural development presents repeatedly under the market economy.The specialized farmer cooperatives,which are between the internal members of the cooperatives and the market capital transactions,greatly facilitate the transactions of the members of the cooperatives,improve the income of the members,not only integrate the rural resources,but also do not destroy the existing form of property rights,but also promote the economic development of the whole cooperatives and rural areas.Based on the investigation and study of some cooperatives in northern Jiangsu,this paper finds out the common problems in the process of cooperative governance in this area,and puts forward some governance measures based on the local characteristics and the excellent experience of other areas.In addition to the introduction,the main content of this paper includes four parts:the question of cooperative governance,the overview of cooperative governance and foreign reference,the legal analysis of cooperative governance,and the legal path of cooperative governance.First of all,from the geographical,economic and other aspects of the reason to choose the north of Jiangsu as the object of study,and by the way of data to choose the members of the cooperative,investment,institutional Settings and decision-making voting and other situations of statistics,the problems of cooperative governance,in order to analyze the deep reasons.The main characteristics of cooperative governance are summarized as follows:the members present the smallholder nature,the governance thought tends to be harmonious,the capture of rural political elites and the multiple universality of assets.Secondly,through a summary of related literature,this paper cooperative governance structure,then in such aspects as management institution and mechanism more specialized farmer cooperatives and company exists in the governance of the difference,and introduces some foreign advanced the concept of cooperative governance and better governance,hope can bring beneficial reference to the cooperative governance in our country.Thirdly,in-depth analysis of the problems existing in the process of cooperative governance shows that there are mainly three aspects of the problems,namely,the restraint of external forces,the non-standard setting of internal institutions and the imperfect system.External forces in government and banking financial institutions,such as excessive intervention cooperatives internal governance,make the cooperative,lack of independent consciousness,internal institutional problems are members of the general assembly,the board of trustees,the board of supervisors and managers can’t play a real role,often become a mere formality,system mainly is the lack of the right performance appraisal mechanism to stimulate the cooperative members of management,and management,voting mechanism to becoming a "wise men accused of club",and the lack of oversight mechanisms to control of cooperative management rights.The emergence of these problems is not only due to the lack of governance ability and consciousness of members in cooperatives,but also related to many factors such as local policies,markets and regional resources.Finally,according to the current problems of management occupying the right of management in the process of cooperative governance,this paper puts forward the methods to improve the governance structure of cooperative legal person,and puts forward the need to improve the incentive and constraint mechanism to give cooperative members more space for self-management to jointly manage the cooperative.Therefore,according to the governance status quo of the regional cooperatives and China’s policies and laws,the main suggestions are as follows:standardize the behavior of the government and financial institutions,improve the property right and investment structure and internal governance institutions,establish performance evaluation and incentive mechanism,member rights relief mechanism,voting and supervision mechanism.