论农用土地承包经营合同

On Farmland Responsibility Management Contract

农用土地承包经营合同不是纯粹的民事合同,其条款基本上是由《农村土地承包经营法》予以强制规定的,双方当事人可自由协商的内容很少,因此不能适用《合同法》。农用土地承包经营合同的承包人实际上是农民个人而非农户,《农村土地承包经营法》将农户作为合同主体应是基于农业生产力发展状况、管理方便上的考虑所致。

Farmland responsibility management contract is not merely a civil contract with its mandatory provisions stipulated by the law of farmland responsibility management.Since the two concerning parties rarely have any room for free negotiations, the agreement is not adaptable to the Law of Contract. In fact, the contractor is the individual farmer instead of the whole household. The reasons for the Farmland Responsibility Management Law to regard the household as the contractor are based upon the development of the agricultural productive forces as well as the conveniences of management.