农民专业合作社融资问题及法律应对

融资问题一直阻碍着农民专业合作社的发展。农民专业合作社不仅获取非财政性外源融资难度较大,而且从内部自行解决资金短缺的能力也十分有限。农民专业合作社的价值定位模糊,进而导致包括民主管理、出入社自由、社员资格、盈余分配在内的一系列自身制度问题,这是农民专业合作社融资难问题的根本原因。在明晰农民专业合作社社会价值与经济价值之间关系的基础上,参考公司制治理原则修正上述制度,使“人和”与“资和”相结合,限制出入社自由,适当放宽入社组织的资格条件,同时完善盈余分配制度。只有解决好农民专业合作社面临的融资问题,才能从根本上为其发展提供有效的保障。

Financing Problems of the Specialized Farmers Cooperatives and Legal Solutions

The financing problem has hindered the development of specialized farmers cooperatives. At present, the farmer cooperatives not only have difficulty in external financing, but also lack the ability to solve the shortage of funds by themselves. The vague value orientation of the farmers cooperatives, which leads to a series of management problems in systems of democ- racy in management, unrestricted withdrawal, tight membership qualification requirements and distribution of profits, is the fundamental reason of the financing problems. Therefore, we suggest that such problems be solved by clearly defining the rela- tionship between social value and economic value of the cooperatives according to the principles of corporate governance. The measures may include harmonizing personnel and finance resources, restricting withdrawal, relaxing membership qualification requirements, and modifying distribution system. Only when the financing problems faced by farmer cooperatives are solved, effective protection for its development can be provided.