Contract Farming Breach Of Contract Research For The Prevention And Dispute Resolution

China belongs to a large agricultural country, China’s agricultural development has been the focus of national attention. Before the reform and opening up, China has no concept of contract farming, but with the growing popularity of "enterprise+farmers" mode of China’s agricultural market has gradually been occupied by contract farming, theoretical research and legislative system of contract farming has also become the focus of attention.Informed by the actual development, contract farming is an important and effective measures to promote the level of China’s agriculture. Industrial structure in rural areas, agriculture belong to the new orders compared to traditional types of agricultural structure, is to achieve a natural economy to a market economy an important lever, good running order agriculture is inseparable mutual trust and benefit, highly social consciousness ethics market environment, along with a healthy and orderly market system of high-quality quality, as well as the law, the legal system and rule-based complete responsibility, rights and obligations of the main agricultural markets clear. Based on the current status of the law, coupled with the actual situation of the farmers in the use of decentralized operating mainly in the traditional model, such conditions can not meet the needs of agriculture to order a good development. With the continuous development of the national agricultural economy, the development of agriculture is also defective orders more obvious.At this stage, the most prominent problem is the order of the agricultural contract farming contract high default rates, while imperfect domestic market economic system, the gaps in the legal department of the aspects more, their own lack of contract farming system and other factors, orders for the development of agriculture have played impediment. In the agricultural system, the farmers belonging to vulnerable groups, this often suffered losses as a result of lack of contract farming.On how to develop agriculture in breach of the order by the sanctions, this problem is very important, in addition to its own development factors contract farming, protection of vulnerable groups are also the most important work.Contract farming in the event of default, our most prominent phenomenon is the Offeror or farmers default. Risk, chase the interests of the breach is a major breach reflects farmers. Risk of default was due to the impact of force majeure such as weather and other natural forces, pursuing the interests of default occurs mainly reason is affected by market prices. The acquirer is usually divided into several violations,1. Objectivity breach occurred because of some objective reasons, the acquirer can not perform treaty obligations, does not belong to the default behavior of the subjective will, for example, a breach of policy factors leading to non-compliance and the ability to default.2, subjectivity breach, there are fraudulent breach of contract, breach of contract and profit-driven risk of default.The reason of breach of contract farming contract are:1, the main reason. Including the dominant position of inequality, asymmetric information, poor awareness and credibility of the legal consciousness.2, the contract skill reasons.3, for social reasons. Including government intervention, the lack of legislation, the market is not perfect, the social service system is not perfect.Through the analysis of breach of contract farming contract manifestations and causes of preventable breach of contract orders through the improvement of agricultural contract farming contracts related content and form of contract farming contract laws, regulations and norms in two ways. Only preventive measures are not enough, if a default occurs, we still need to resolve disputes measures, Through the analysis of Shanghai Fuyide Health Food Co.,Ltd."Industry associations+company+beekeepers cooperative+professional beekeeper" contract farming mode of operation, and learn from U.S. Contract farming practice experience, to protect the healthy and orderly development of contract farming for agricultural development in the current order of settling disputes through:First, play a mediation function contract farming service stations; Second, the system of arbitration to conduct agricultural innovation; Third, with regard to breach of contract dispute proceedings to be complete; Fourth, efforts to enhance legal assistance in contract farming.