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民法总则草案将民事权利的主体归为自然人、法人、非法人组织三类,相比民法通则的规定,更符合经济社会发展的客观现实。民法总则草案说明中提到,编纂民法典坚持问题导向,对社会生活迫切需要规范的事项作出创设性规定。但农村经济社会发展中有三类组织,在法人一章中找不到对应的法人类型和相关规定。一是农民专业合作社。目前全国有148万家,农民专业合作社法规定合作社依法登记并取得法人资格。草案第
The draft general principle of civil law classifies the subject of civil rights into three categories: natural persons, legal persons and non-legal person organizations, which is more in line with the objective reality of economic and social development than the general provisions of the Civil Law. As mentioned in the draft Civil Law General Provisions, the compilation and codification of civil codes upholds the issue orientation and makes creative provisions on issues that are urgently needed in the social life. However, there are three types of organizations in rural economic and social development, and the corresponding legal person types and relevant regulations can not be found in the chapter of corporation. First, farmers specialized cooperatives. At present, there are 1.48 million throughout the country. The Law of Farmers’ Professional Cooperatives stipulates that cooperatives should register according to law and obtain the legal personality. Draft