中外合作社立法研究

考察了东西方各主要国家政府对合作社的政策立场及立法概况,以及由此所带来的合作社在东西方两种不同的制度效果。重点考察了中国合作社立法的历史,揭示由于政府的“抽农补工”政策及相应的权力压制导致合作社在中国变成了使农民致穷的工具,它遭致遗弃而终结是必然的。主张重新制定合作社法,回归欧美经典意义的合作社,以此为平台扶助农民建立自组织,使其以团体姿态走进市场和政治的谈判席,此乃振兴农业之路。

A Study on Lawmaking for Sino-foreign Cooperatives

The paper has studied governmental policies and lawmaking for the cooperatives in major eastern and western countries, as well as the consequent effects of the cooperatives in the two different systems. By putting emphasis on the lawmaking history of cooperatives in China, it concludes that cooperatives are bound to be abandoned because government policy of taking agriculture to subsidize industry and the consequent pressure have made cooperatives as the tool to impoverish the peasants in China. The author maintains that a new Cooperative Law should be worked out, and that cooperatives, returning to its original western sense, should work to help peasants to self-organize and to enter the market and political negotiation in groups. This is the way to achieve agricultural prosperity.