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[ China Agricultural Machinery Industry News ] Ten years of grinding a sword, the farmers' professional cooperative law finally ushered in the major overhaul since its official promulgation in 2007.
On June 23, the 28th meeting of the Standing Committee of the 12th National People's Congress conducted a group review of the revised draft of the Farmers' Professional Cooperatives Law. During the deliberation, the committee members combined with the new situation and new problems arising from the development of farmers' professional cooperatives in recent years, and focused on the key contents of this revision, and made several suggestions on several major issues.
Analysis of the Three Focus Issues in the Revision of Farmers' Professional Cooperatives Law
Focus 1: How to prevent big family monopoly
Article 18 of the revised draft adds one paragraph: “Enterprises that invest in overseas institutions or individuals, or branches established by them to join farmers’ professional cooperatives shall abide by relevant laws and regulations, etc.†This means that industrial and commercial capital can be added to farmers’ professions. Cooperatives provide more resources and favorable conditions for the development of farmers' professional cooperatives. In this regard, some members believe that it is also necessary to prevent the crowding out effect and pay attention to protecting the interests of vulnerable farmers.
"It is necessary to prevent industrial and commercial capital, including foreign capital, from using farmers' professional cooperatives to enter the countryside to plunder the land and to merge them." Yin Zhongqing believes that the regulations should be more rigorous. Farmers' professional cooperatives should be dominated by farmers. Now some industrial and commercial capital, including foreign capital, enters rural rural areas. The enthusiasm of the land is very high, and this is subject to appropriate restrictions.
Committee member Jiang Jufeng suggested that there should be a rigid clause that guarantees the rights and interests of farmers, including the provisions for guaranteeing the property and income formed by the direct financial subsidies of the state.
Committee member Deng Xiuxin believes that more consideration should be given to how to protect the interests of the weak. The revision of the law may lead some big households or some strong industrial and commercial capital to come in and abduct these weak people. Farmers' professional cooperatives are easily controlled by industrial capital or large households.
In addition, in order to prevent the monopoly of large households, Yin Zhongqing also proposed to strengthen the democratic management of farmers' professional cooperatives. "Now the law is not clear about the restrictions on the proportion of cooperative investment. The democratic management of cooperatives is not very detailed. It is recommended that the proportion of strict cooperatives should be limited. In Article 19 of the draft, 'farmers should account for at least 80% of the total number of members'. After that, the provision of 'investment ratio not less than 50%' was added. In addition, he also proposed to reduce the “proportion of additional voting rights from no more than 20%†to “not allowed†in Article 21 of the revised draft. More than 15% or 10%."
Focus 2: How to clarify the exit mechanism
Article 11 of the revised draft stipulates the conditions for the establishment of farmers' professional cooperatives. Article 25 adds three provisions for the delisting of members of the farmers' professional cooperatives, but the mechanism for the voluntary withdrawal is not clear.
"From the current situation of the grassroots, due to the relatively low threshold setting and lack of daily effective supervision, a large number of 'empty shells' 'listed clubs' 'family clubs' phenomenon is widespread." Cheguang Iron Committee recommended further clearing farmers The professional cooperative withdrawal mechanism will further promote the fine management and supervision of the farmers' professional cooperatives, and appropriately introduce the fine management supervision, and appropriately introduce the exit mechanism, and carry out inspection and evaluation work on a regular basis, which is false operation, mismanagement, management confusion, and role. The lack of farmers' professional cooperatives, orderly rectification and clean-up, and constantly promote the transformation of farmers' professional cooperatives from quantity to quality.
Yin Zhongqing believes that there should be stricter regulations on “freedom of resignationâ€. "Retirement should respect the wishes of the members and protect the rights and interests of the exiters. We should be cautious in delisting, avoid the use of this rule by large households or industrial and commercial capital, and remove the members who originally entered the community with land management rights out of the cooperative." He suggested to the members. If the initiative is required to withdraw, the protection shall be given from the procedural, and the cooperative shall be cautious in delisting, so as to protect the rights of the weak members.
Committee member Zhang Ping also believes that the expression "freedom of resignation" is too vague and too general. As a vulnerable group, farmers have conditions to join the society, and they are also subject to conditions. If they withdraw, they will be squeezed and restricted in all aspects and should be mandatory. "This law provides legal guarantees for the establishment and formation of cooperatives. However, if the basic rights and interests of farmers are not guaranteed, it is likely to lead to rapid, large-scale, de facto land annexation, making farmers who have lost land become The prevailing instability in society, historical experience and lessons must be kept in mind, and it needs to be highly valued in this regard."
Committee member He Yicheng also questioned Article 25 of the revised draft: "Will the delisted share the welfare or debts of the member while still in the cooperative? This does not explain the draft. If the cooperative has surplus or loss, do you want to calculate it? I think there should be a saying about this issue."
Focus 3: How to improve incentives
Article 66 of the revised draft clarifies that the state encourages commercial financial institutions to adopt various forms to provide financial services to farmers' professional cooperatives and their members. The state encourages insurance institutions to provide various forms of agricultural insurance services for farmers' professional cooperatives. Encourage farmers' professional cooperatives to carry out mutual insurance according to law.
During the deliberation, many members suggested further improving these provisions and providing a series of financial incentives.
Committee member Liu Zhengkui believes that due to the lack of incentives such as interest subsidies and guarantees, these regulations are difficult to implement. Difficulties in financing and financing are still common problems in the development of cooperatives. The proposal is revised to “the state formulates incentive policies and supports commercial financial institutions to adopt various forms to provide financial services for farmers' professional cooperatives and their membersâ€.
Huang Qifan, deputy director of the National People's Congress Financial and Economic Committee, believes that Article 66 can add a content, that is, “encourage local governments to establish policy guarantee companies and provide necessary financing guarantees for farmers' professional cooperativesâ€.
Member Zheng Gongcheng suggested that "mutual assistance insurance" be a separate one. “In Japan, farmers’ mutual insurance is very developed and has played a very good role. However, it is basically a blank in China. Farmers are very suitable for developing mutual insurance. Therefore, mutual insurance should be supported as a new category in the insurance industry. We should develop a number of mutual insurance institutions, and mutual insurance can do a lot in the agricultural sector."
Member Shen Chunyao believes that the mutual insurance for farmers' professional cooperatives is still a relatively independent thing. It is not the country's commercial financial institutions and insurance institutions that provide financial and insurance services to farmers. Historically, insurance was initially carried out between specific members and later developed into services, industries and products for the society. In this regard, it is necessary to consider them in a comprehensive manner.