论农业合作社的法律性质

Discussing on Legal Attribute of Agricultural Cooperative

农业合作社是农民自愿组成的、以互利为基础的、自治性的生产经营组织。其作用正越来越受到重视 ,《合作经济组织法》也已列入十届全国人大立法规划。尽管农业合作社是生产经营组织 ,但其与公司在营利性和成员权利方面存在着很大不同 ;与集体经济组织在产生原因和目的以及成员边界等方面也不相同。因此 ,农业合作社是一种既不完全同于公司、又不同于集体经济组织的特殊法人。承认这种特殊性 ,是保证合作社法的具体规则得以科学。

Agricultural cooperative is an autonomous organization of production management, which is composed of voluntary farmers and is based on the idea of mutual benefit. People are thinking more and more of it. The Act of Cooperative Economic Organization has been included into the legislation plan of the tenth National People's Congress. Although agricultural cooperative is an organization of production management, it is different from that of company in the aspects of seeking profits and rights of its members. It is also different from that of collective economic organization in the cause of origin, aims and its membership demarcation. Agricultural cooperative is a special corporation which is neither totally the same as company nor the same as collective economic organization. To recognize its particularity is the premise and foundation that guarantees the concrete rules being arranged scientifically and reasonably.