Research On Breach Of Contract Farming And Prevention

Our country is agricultural nation. The development of agriculture is always under people's attention. In the planned economy period before reform and opening-up, there was no"Contract farming"of the modern sense. As the further promotion of "enterprise + farmers" mode of operation, Contract farming has been the powerful support of agricultural development in our country, and is paid close attention to by theoretical circles and legislative more and moreAt present, the most prominent problem of our country's contract farming is the high default rate. The reasons of causing the situation mainly display in: The legislation on contract farming is not perfect. The law consciousness of contract subject is faint. Grassroots governments exceed their duties and meddle in others' affairs. So the measures of prevention include establish unified and complete system of laws and regulations on the legislation, design model text of contract, perfect the contracting content, strengthen guidance of government departments ,set up agency of contract farming in practice. It is a should policy of reducing high default rate to use legal means to avoid default risk of contract farming according to our country's existing legislation, and to do beforehand prevention and afterwards relief aiming at default of contract farming parties.This article is t more than 30,000 words,including the introduction,body and conclusion form, in which the body is divided into five parts.The first part is the legal definition of contract farming default. Contract farming is that farmers and enterprises or intermediary organizations sign the agricultural and sideline products purchase and sales contract before agricultural production and farmers and other related subject sign the technology contract and purchase contract in the special orders agricultural operation mode. Farmers organize production in accordance with the contract. Enterprise and other subject complete purchasing agricultural products obligations and other obligations. The legal nature of contract farming is different for the difference of contract farming operation mode, mainly including typical contract, master-slave type mixed contract and simultaneous contract etc. The main default form of contract farming includes anticipatory breach, impossibility of performance, refusal to perform and flaws to perform.The second part is the reasons of resulting in the high default rate of contract farming. The existing problems of the legislation about contract farming include application of law of contract farming not to be unified and there are legislative blank and inharmonious between legislation and practice. The existing problems of legislation include that subject status is asymmetric, contract farming is incomplete contract and contract subject is unconsciousness of law.The third part is the legislation of contract farming in America and revelation to China. The legislation of contract farming is perfect relatively in America and notice to protect the interests of producers. The revelation to China include strengthening the protect of farmers in legislation, executing the registration system of contract farming and innovating settlement mechanism of the dispute of contract etc.The fourth part is the necessity of strengthening prevention and relief of contract farming default in our country. Strengthening prevention of breach of contract farming is the necessity of coordination between the development of contract farming and system design, reducing default rates of contract farming and protecting and balancing rights and interests of the parties.The fifth part is the measures of prevention of contract farming default in our country. The existing measures of preventing default in the legislation of our country include performing the right of defense, appointing the terms of deposit and liquidated damages. It is necessary to establish unified and complete system of laws and regulations, carry out model text of contract and perfect the contracting content, strengthen guidance of government departments and set up agency of contract farming. The strategy are the measures of prevention of contract farming default in our country.At present, the discussion of contract farming default focuses on economics but law rarely. On the basis of existing research, this paper analyzes contract farming's situation of high default rates and puts forward the measures of preventing from the angle of law. I hope that the paper is beneficial to improving the rate of performing contract farming and promoting the development of agriculture in our country.