农民专业合作社社员资格问题研究

Study on the Membership of Farmer Specialty Cooperatives

社员资格,是指主体成为农民专业合作社社员所应具备的条件和身份。法律对合作社社员资格的开放抑或限制的权衡,在法的价值层面是公平与效率的价值冲突,在私法层面是私法自治与国家强制的共同影响。现代域外合作社社员范围逐渐扩展,社员资格呈开放的发展趋向。对行为能力欠缺的自然人社员资格的准入、自然人社员从农民身份向农业劳动者的转变、对团体组织社员业务关联性的开放及权利的限制,是我国农民专业合作社社员资格的应然选择。

The membership is the necessary condition and identity for a farmer tO become a mem- ber of farmer specialty cooperatives. The trade-off between opening and restricting the member- ship of farmer cooperatives by law reflects the value conflict between fairness and efficiency on the level of law value and is under the common influence of private law autonomy and national compulsion in private law value. With the gradual expansion of modern extraterritorial members of farmer cooperatives＇ membership shows a tendency to open up. In China,inevitable choices of membership of farmer specialty cooperatives are as follows：the admission of natural persons lac- king capacity to farmer cooperatives,the transformation from farmers to agricultural workers, the opening up of business association and restriction of rights.