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本文围绕修法指导思想与修法目标、法律名称与调整范围、以及联合社成员制度规定等若干焦点、热点问题,对《农民专业合作社法》的修订提出初步的意见。文章认为,法律修订应以提升农户进入市场的组织化程度、增加农民收入,和促进现代农业经营主体创新、提升农业市场竞争力的双重重任为目标。法律名称建议修订为《农民合作社法》,拓展法律的调整范围,解决当前农民专业合作社发展中出现的名实不符和无法可依等两大突出问题。联合社成员制度的法律规定应实行开放式成员制度,允许非合作社成员加入,以更好地服务合作社成员社,同时应防止联合社可能出现的区域性市场垄断问题。
This article focuses on the hot topics and the guiding ideology of the law, the objectives of the law revision, the name of the law and the scope of the adjustment, the regulations on membership of the United Nations, and other hot issues, and puts forward some preliminary opinions on the revision of the Law on Farmer Cooperatives. The article argues that the revision of the law should aim at enhancing the organization of farmers entering the market, increasing farmers’ income, and promoting the innovation of modern agricultural management entities and enhancing the competitiveness of the agricultural market. The name of the law was proposed to be amended as “Law on Farmer Cooperatives” to expand the scope of the legal adjustment and to solve the two prominent problems of the present-day farmer cooperatives, such as the incompatibility of facts and the inability to comply. The membership of the association should be governed by an open membership system that allows non-cooperative members to join in order to better serve members of the cooperative, while preventing possible unrest in the regional markets of the association.