加强合作社法治建设,是推进农民合作社规范化、制度化发展的客观要求。当前中国农民的规则意识仍然具有较强的传统性和地方性特征,虽然《合作社法》等相关法律法规和政府政策的推出,使农民获得了基于正式制度合法性的现代型合作权利,但是加入合作社的农民依然对地方惯习与市场惯例等非正式制度保持着较强的认同感,没能及时提升起合作权能,这构成制约农民合作社法治建设的内在因素。同时,农民的法律观具有显著的“情境化体验”特征,这就要求国家立法与执法机构逐渐收窄执法尺度,在合作社的发展中规范核心社员与普通社员的利益关系,在社员捍卫法律赋予的合作权利的时候予以必要的支持,使他们能够在不断出现的情境中获得对现行法律的切实体验,在体验中生成对现行法律的认同感,从而推动合作社法治建设的进程,促进合作社健康可持续发展。 Strengthening the legal construction of cooperatives is an objective requirement to promote the standardization and institutionalization of farmer cooperatives. At present, the awareness of Chinese peasants still has strong traditional and local characteristics. Although the introduction of relevant laws, regulations and government policies such as the Cooperatives Law has enabled peasants to obtain modern cooperative rights based on the legitimacy of the formal system, Farmers in cooperatives still maintain a strong sense of identity with informal institutions such as local customs and market practices, failing to promptly raise their cooperative power, which constitutes an inherent factor that restricts the construction of the law by the peasant cooperative. At the same time, the peasants’ view of law has the characteristic of “experiencing experience”, which requires the state legislature and law enforcement agencies to gradually narrow the scale of law enforcement, standardize the interest relations between core members and ordinary members in the development of cooperatives, The necessary legal support for cooperative rights granted by law enables them to gain practical experience of existing laws in emerging contexts and to create a sense of identity with existing laws in their experiences so as to promote the progress of rule of law in cooperatives and promote cooperatives Healthy and sustainable development.