农民专业合作社的发展困境与法律思考

Development Predicament and Legal Consideration of Farmers Specialized Cooperatives

《农民专业合作社法》施行5年以来,为农民专业合作社的发展产生了积极影响。随着农民专业合作社不断全面深入的参与到市场经济活动之中,该法必然遭遇到一些法律困境。合作社成员的来去自由的准入制度及合作社设立标准的不统一问题影响了合作社的稳定性,同时合作社成员不平等的权利义务关系既违背合作社设立的初衷,也直接导致合作社治理机制的缺憾以及特定成员的法律责任缺失等问题。因此,在严格成员准入制度以及统一设立标准的基础上,平衡合作社成员的权利义务、健全包括监督机构在内的合作社治理机制,再对特定成员加诸特别义务,以期对合作社面临的法律困境有所帮助。

The cooperative law has been enforced for five years and had a positive influence on the development of the farmers specialized cooperatives. When it takes comprehensive part in activities of market economy, there are many defects of the law. These serious problems include that the entering system of the cooperatives is too easy and its set standards is not unified, which have affected the stability of the cooperatives. The unequal relationship of rights and obligations between members of the group not only goes against the purpose of its establishment but also results in deficiency of the governance mechanism of the cooperatives and the legal responsibility of some specific member. So, we should properly restrain the entering system of the cooperatives and unify its set standards. And based on these, the farmers specialized cooperatives need to balance the relationship of the rights and duties between members, improve the governance mechanism and the supervision system, then to demand some members to take the special duties. Through above measures, achievements will be made to help overcome the legal dilemma the farmers specialized cooperatives are facing.