近年来,农村股份合作社的发展一再得到中央的肯定和鼓励,但与之相关的法律和制度却一直处于缺位状态。在《农民专业合作社法》或《公司法》中对农村股份合作社相关问题加以规定的修补式立法路径,容易异化农村股份合作社的经济模式,使其转化为单一的合作社或股份制企业的经济模式,丧失其兼具合作制与股份制优势的特点。建议在《民法典草案》中明确规定农村股份合作社的营利性法人主体地位,并以此为基础,采用单独制定《农村股份合作社法》的分业立法路径。 In recent years, the development of rural joint-stock cooperatives has repeatedly been affirmed and encouraged by the Central Government. However, the laws and regulations related to it have been in a vacancy. In the Law of Farmers’ Professional Cooperatives or the Company Law, the remedied legislative path that provides for the problems related to rural cooperatives in stock can easily alienate the economic models of rural cooperatives and turn them into the economic model of a single cooperative or joint-stock enterprise, Lost the characteristics of both cooperation and joint-stock system. Proposed in the “Civil Code draft” clearly defined rural cooperatives as the main body of for-profit corporations, and as a basis, the use of separate formulation of the “Rural Cooperatives Shares Act,” the separation of legislative path.