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从1844年英国成立第一个合作社——罗虚代尔公平先锋社,至今合作社有160多年的历史,它已从原来发起的欧洲,发展到美洲、亚洲、大洋洲等各大洲,而且在世界范围内成立了国际合作社联盟。我国合作社的历史较长,规模不小,目前农村已有140多万个合作社,比较专业的有14万个,但关于合作社的立法相当不完善,宪法只把合作经济定性为集体经济的一种,《民法通则》难以确定合作社适当的民事主体地位,合作社的专门立法尚付阙如。本文试以几种民商事主体为参照系,对合作社进行比较分析。
Since 1844, the first co-operative in the United Kingdom was founded, Roxdale's Fair Pioneers Club. Since its establishment more than 160 years ago, the cooperative has grown from the original Europe to all continents such as the Americas, Asia and Oceania, The establishment of the International Cooperative Alliance. The cooperatives in our country have a long history and a large scale. Currently, there are more than 1.4 million cooperatives in rural areas and 140,000 more specialized ones. However, the legislation on cooperatives is rather imperfect. The constitution defines the cooperative economy as only a kind of collective economy , “The General Rules of Civil Law” is difficult to determine the appropriate civil subjective status of cooperatives, and the special legislation of cooperatives is still missing. This article tries to take several civil and commercial subjects as the reference system, comparative analysis of cooperatives.