《农民专业合作社法》实施的问题及对策
发布时间：2018-08-18 19:01
【摘要】：农民专业合作社是我国实现城乡统筹发展的必经之路，农民专业合作社适应了城镇化发展的需求，它的优势在于可以将农村市场化过程中分散经营的小农联合起来，以降低交易成本，规避市场风险；同时可以增加农民收入，并促进我国农村双层经营制度得以完善。总之，农民专业合作社的发展具有无限的正能量。 《中华人民共和国农民专业合作社法》在很大程度上为农民专业合作社的设立给予了指导。但《农民专业合作社法》自颁布以来在实践中也遇到很多新问题，如该法规定合作社内部实行一人一票的民主决策机制，但实践中这种民主决策机制往往被一股一票所取代；合作社内部治理也存在问题，往往被官方所控制或者被内部少数的“能人”、“大户”所控制，导致合作社内部人员实际上的不平等；该法规定的社员随时退社权与实践中保护交易相对人的利益相冲突；该法中规定的盈余分配是按交易量分配，这与实践中的激励带头人相冲突，很多带头人为农民专业合作社的发展积极出谋划策，寻求销路，然而因为与合作社交易量少可能导致他的盈余分配额比别的不出谋划策的人少，，久而久之会让带头人失去动力；合作社注册资金在工商部门并不进行验资，这样造成了资本吹嘘或收缩进而导致内部资金不足；法律没有规定合作社最低注册资本金；社员出资缺乏确定性；法律中没有规定合作社设立人的登记责任，一些人虚假出资提供虚假材料；而融资难这一问题已成为它前进路上的绊脚石。这一系列现存的问题影响了合作社的发展，本文运用理论与实际相结合和比较研究的方法，对《农民专业合作社法》在实际运行中碰到的这些障碍进行深入的思虑并提出自己的解决方案，希望能促进和改善《农民专业合作社法》的实施，解决该法在实施中所遇到的障碍，更准确的全方位引导农民专业合作社的发展。
[Abstract]:Farmers' specialized cooperatives are the only way to realize the overall development of urban and rural areas in our country. The farmers' specialized cooperatives have adapted to the needs of the development of urbanization. Its advantage lies in the ability to unite small farmers who are decentralized in the process of rural marketization. In order to reduce transaction costs and avoid market risks, it can increase farmers' income and promote the improvement of our country's two-tier management system in rural areas. In short, the development of farmers' specialized cooperatives has unlimited positive energy. The Law of the people's Republic of China on Farmers' specialized Cooperatives provides guidance for the establishment of farmers' specialized cooperatives to a great extent. However, since the promulgation of the Law on Farmers' specialized Cooperatives, there have been many new problems in practice. For example, the law stipulates that the democratic decision-making mechanism of one person, one vote is implemented in cooperatives, but in practice, this kind of democratic decision-making mechanism is often replaced by one share, one vote; There are also problems in the internal governance of cooperatives, which are often controlled by the government or by a small number of "capable people" and "large households", which leads to the actual inequality of the internal personnel of the co-operatives; The right of members to withdraw from the club at any time under the law conflicts with the protection of the interests of the relative party in practice, and the surplus distribution stipulated in the law is distributed according to the transaction volume, which conflicts with the incentive leader in practice. Many leaders actively advise and seek sales for the development of farmers' professional cooperatives. However, because of the small volume of trading with the cooperatives, his surplus allocation may be less than other people who do not make suggestions, and over time it will make the leaders lose their motivation; The cooperative registered fund does not verify capital in the industrial and commercial department, which causes the capital to boast or shrink and lead to the shortage of internal capital; the law does not stipulate the minimum registered capital of the cooperative; The law does not provide for the registration of co-operative founders, some of whom make false contributions to provide false material; and the problem of financing difficulties has become a stumbling block to its way forward. This series of existing problems affect the development of cooperatives, this paper uses the combination of theory and practice and comparative research methods. In order to promote and improve the implementation of the Law on Farmers' Professional Cooperatives, we have thought deeply about these obstacles encountered in the practical operation of the Law on Farmers' Professional Cooperatives and put forward their own solutions. Solve the obstacles encountered in the implementation of the law, more accurately guide the development of farmers' professional cooperatives.
【学位授予单位】：山西财经大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.4
本文编号：2190381
[Abstract]:Farmers' specialized cooperatives are the only way to realize the overall development of urban and rural areas in our country. The farmers' specialized cooperatives have adapted to the needs of the development of urbanization. Its advantage lies in the ability to unite small farmers who are decentralized in the process of rural marketization. In order to reduce transaction costs and avoid market risks, it can increase farmers' income and promote the improvement of our country's two-tier management system in rural areas. In short, the development of farmers' specialized cooperatives has unlimited positive energy. The Law of the people's Republic of China on Farmers' specialized Cooperatives provides guidance for the establishment of farmers' specialized cooperatives to a great extent. However, since the promulgation of the Law on Farmers' specialized Cooperatives, there have been many new problems in practice. For example, the law stipulates that the democratic decision-making mechanism of one person, one vote is implemented in cooperatives, but in practice, this kind of democratic decision-making mechanism is often replaced by one share, one vote; There are also problems in the internal governance of cooperatives, which are often controlled by the government or by a small number of "capable people" and "large households", which leads to the actual inequality of the internal personnel of the co-operatives; The right of members to withdraw from the club at any time under the law conflicts with the protection of the interests of the relative party in practice, and the surplus distribution stipulated in the law is distributed according to the transaction volume, which conflicts with the incentive leader in practice. Many leaders actively advise and seek sales for the development of farmers' professional cooperatives. However, because of the small volume of trading with the cooperatives, his surplus allocation may be less than other people who do not make suggestions, and over time it will make the leaders lose their motivation; The cooperative registered fund does not verify capital in the industrial and commercial department, which causes the capital to boast or shrink and lead to the shortage of internal capital; the law does not stipulate the minimum registered capital of the cooperative; The law does not provide for the registration of co-operative founders, some of whom make false contributions to provide false material; and the problem of financing difficulties has become a stumbling block to its way forward. This series of existing problems affect the development of cooperatives, this paper uses the combination of theory and practice and comparative research methods. In order to promote and improve the implementation of the Law on Farmers' Professional Cooperatives, we have thought deeply about these obstacles encountered in the practical operation of the Law on Farmers' Professional Cooperatives and put forward their own solutions. Solve the obstacles encountered in the implementation of the law, more accurately guide the development of farmers' professional cooperatives.
【学位授予单位】：山西财经大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.4
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