Research Of The Legal Regulation Of Agricultural Order Contracts

Since the 90s of last century, China's agriculture has accumulated a number of deep-seated contradictions. In addition to "small farmers and big market", the ever advanced household contract responsibility system are also gradually becoming apparent.Else orders for agricultural producted and gradually developed on this premise. Practice has proved that the development orders are conducive to increasing agricultural income of farmers, guiding the adjustment of agricultural structure, promoting the industrialized operation of agriculture, and speeding up agricultural science and technology. However, due to the immaturity of China's market economy system and contract farming their own shortcomings, order emerged in the growth of agriculture in many of the problems, a certain degree of anomie and disorder disrupting the order and order in the direction of agricultural development.This article's research object is the agricultural order contracts,which is regarded as the core elements of orders for contracts in agriculture,it consists mainly of four elements:The first part, focusing on contract farming and agriculture, the legal property of the contract orders, first of all briefly introduced contract farming origin, meaning, function, development status and existing problems; on this basis, analyzing the legal property of the agricultural order contract, to clarify its civil legal action property, and to further explore its ownership of contract law.The second part, the main study of agricultural law of the contract orders for operational mechanism, from the entry into force of the contract establishment and effective two aspects, namely, agriculture, discusses the formation and entry into force of orders for the contract elements; on this basis, the right null and void the contract and may cancel orders for agriculture can change the order of the agricultural contracts were discussed.The third part, the introduction of economics of incomplete contract theory, in the incomplete contract theory of economics to explain and identify their specific form, the law of the contract orders for agriculture, and institutional implementation mechanisms to make up a detailed analysis of the measures discussed.The forth part, the main analysis of agricultural orders for breach of contracts and their legal remedies, from agriculture to order the contract and breach of contract compliance game theory analysis of patterns of agricultural orders breach of contract, liability for breach of contract agriculture and order, agriculture, dispute settlement mechanism of the contract orders four aspects of agriculture orders breach the contract and the remedies to start the research.