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自《农民专业合作社法》实施7年来,各种形式的农民专业合作社(以下简称合作社)在我国广大农村地区蓬勃发展,对其发展路径的研究课题也呈现出繁盛的局面。为攻克合作社资金、技术等难题,企业、大农户等进驻合作社,这使得其在经营、分配时呈现公司化的倾向。对此,有学者提出将合作社推进一步,直接转为股份制公司。笔者并不完全赞同这种观点,针对合作社公司化倾向问题,应采辩证的态度重新审视。本文将运用法经济学加以分析合作社公司化的利弊,并给出法律制度上的建议。
Since the implementation of the Law on Farmers’ Professional Co-operatives for seven years, the various forms of farmer cooperatives (hereinafter referred to as cooperatives) have thrived in vast rural areas in our country and the research topics on their development paths have also shown a prosperous situation. In order to overcome the difficulties of cooperative funds and technology, enterprises and large-scale farmers are stationed in cooperatives, which makes them tend to corporatization in their operation and distribution. In response, some scholars proposed to take cooperatives one step further and directly convert them into joint-stock companies. The author does not fully agree with this view. In view of the problem of corporatization of cooperatives, we should take a dialectical attitude to re-examine. This article will use law and economics to analyze the pros and cons of co-operative corporatization and give suggestions on the legal system.