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《农民专业合作社法》已经实施10年,修订农民专业合作社法的工作也已经启动。中国农业现代化的路径是龙头企业带动的中国农业产业化经营,龙头企业和农户之间是不平等的互利关系。农民专业合作社法为农业龙头企业进入合作社甚至领办合作社提供了法律依据,但龙头企业和农民之间公平合理的利益联结机制能否建立要看社员(农业生产经营者)能否在合作社发展中逐渐成为合作社资产的主要所有者、合作社事务的控制决策者和合作社所提供服务的主要受益者。在《农民专业合作社法》的修订中,有两个问题应深入讨论:一是没有交易额的合作社是否还能算作合作社;二是公司能否加入合作社联合社。中国农民专业合作社未来的发展要通过社员入股或扩股,使资本从属于社员,使合作社服务的使用者与提供者身份相统一。要在理想和现实之间寻找平衡点,在守住底线的前提下,要保持和增强农民专业合作社法的灵活性和包容性,给予基层合作社更大的弹性活动空间。
The Law on Farmer Cooperatives has been in operation for 10 years and work has been initiated on the revision of the Law on Farmer Cooperatives. The path of China’s agricultural modernization is the industrialization of agriculture led by the leading enterprises in China. Unequal and mutually beneficial relations between leading enterprises and rural households are among them. Farmer Cooperatives Law provides the legal basis for agricultural leading enterprises to enter cooperatives or even take cooperatives. However, whether the fair and reasonable mechanism of interest connection between leading enterprises and farmers depends on whether the members (agricultural producers and managers) can develop in cooperatives Have gradually become the major beneficiaries of the services provided by the major owners of cooperative assets, the control decision-makers of cooperative activities and cooperatives. In the revision of the Law on Farmers’ Professional Cooperatives, two issues should be discussed in depth: First, whether a cooperative with no transaction value can still be counted as a cooperative; and second, whether a company can join a cooperative association. The future development of farmer cooperatives in China needs to be subordinated to the members through shareholding or expansion of shareholdings so that the identities of the users and providers of cooperative services are unified. In order to find a balance between ideal and reality, under the premise of keeping the bottom line, we should maintain and enhance the flexibility and inclusiveness of the Law of Farmers Cooperatives and give grass-roots cooperatives more room for flexibility.