订单农业合同违约及预防分析-民商法学专业论文.docxVIP

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