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江苏、山东等地的地方性立法将家庭承包地入股合作社纳入《农民专业合作社条例》,但是实践中家庭承包地入股合作社普遍采取的“固定收入+浮动分红”式利益分配规则,却明显不同于《农民专业合作社法》“主要按惠顾返还”的分配原则。这不仅给农地入股合作社的组织属性定位及其纳入《农民专业合作社条例》调整的合理性带来了困惑,而且还产生了基于“固定收入”形成的债权为何能够突破债的平等性、具有优先于普通债权的法律效力的困惑。如果以社员惠顾为视角,不仅困惑得以解析,而且还可以理顺家庭承包地入股的法律性质、土地合作社的产权性质与利益分配规则之间法理上的逻辑关系,促进农地入股合作社各项法律制度的体系化。
Local legislation such as Jiangsu and Shandong incorporated the family cooperatively-listed cooperatives into the “Regulations on Farmers’ Professional Cooperatives”, but in practice, the “fixed income + floating bonus” benefit distribution rules commonly adopted by family-shareholding cooperatives were obvious Different from the “Farmer Professional Cooperatives Law”, “the principle of return mainly based on patrons”. This not only brings confusion to the organizational attribute orientation of the stock cooperatives of farmland and the rationality of their incorporation in the adjustment of the Regulations of the Farmers’ Professional Cooperatives, but also causes why the claims based on “fixed income ” can break through the equality of the debts , With the prejudice to the legal effect of ordinary claims. If we take the patronage of the members as the perspective, not only the confusion can be resolved, but also the legal nature of the family contractual ownership, the legal relationship between the property rights of the land cooperatives and the rules of the distribution of benefits, and the promotion of various laws System of the system.