合作社社员资格的法律制度探析

我国合作社法规定,社员以农民为主体,农民至少应占社员总数的80%。就职业与身份而言,社员应以"农民"为主体;就社员资格而言,社员应以"农户"为主体。否则,易导致"家庭式合作社"大量出现,阻碍合作社的发展。社员资格的法律规制,以家庭承包责任制为基础,由盈余分配原则所决定。为规范合作社的设立行为,建议规定,来自同一农户的"农民个体"的人数原则上不超过"农民"社员总数的40%。这样,既防止"家庭式合作社"囿于"农户"旧的经营方式,阻碍合作社发展;也符合"社员资格开放"原则,避免对入社人员造成不适当限制。

An Analysis on Legal Systems about the Qualification of Cooperative Members

Chinese Cooperatives Law stipulates that farmers should be the subject of cooperative members and should at least occupy 80 percent of the total cooperative members.On terms of occupations and identities,"farmers" should be the subject of cooperatives members.On terms of cooperative qualification,"peasant households" should be the subject of cooperative members.Nevertheless,a large number of "family-style cooperatives" will be easily come into being,which will block the development of cooperative.The legal regulation on cooperative qualification should be based on the contract systems of household responsibility and decided by the principle of surplus assignments.For the sake of establishing the standard conducts of cooperatives,the number of farmer individuals coming from the same peasant household should be less than 40 percent of the total number of "farmer" cooperative members.Thus,the phenomenon should be avoided that "family-style cooperatives" is restricted to the traditional "peasant households" modes of business operation,which block the development of cooperative.Meanwhile,this regulation is in accordance with the principle "opening the qualification of cooperative members",and avoids the inappropriate restriction on new cooperative members.