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我国目前实行企业承包经营,由于法律法规不完善,适用范围不明确,合同规定不完整,从而导致企业承包存在着紊乱现象。形成诉讼后,法院对适用范围、诉讼主体以及债权债务承担的处理难以确定,既影响法院迅速审结案件,也影响企业的正常发展。现就企业承包经营合同的适用范围、诉讼主体的确定以及处理承包经营企业的对外债权债务承担问题谈点看法。一、企业承包经营责任制的适用范围承包经营责任制中,承包合同的客体是国家或集体所有制的企业,也包括联营企业和中外合资经营企业。但是,在审判实践中有些私营企业和个体工商户亦将自己的企业发包给个人或个体工商户,双方签订企业承包经营合同。如吴某将其经营的正广烤鸭店发包给周某经营,为期二年。协议签订后,周某即交付部分承包费,并从事经营活动。
At present, the contracting operation of enterprises in our country is imperfect because of laws and regulations, the scope of application is not clear and the contract provisions are not complete, which leads to the disorder of contracting enterprises. After the lawsuit is formed, the court’s handling of the scope of application, the subject of litigation and the assumption of claims and debts is difficult to be determined. This not only affects the court’s prompt settlement of the case, but also affects the normal development of the enterprise. Now on the scope of application of the contractual joint venture contract, the subject of litigation and the handling of the contractual undertaking of foreign claims and debts to talk about the point of view. I. Scope of application of responsibility system of contracting management In contracting management responsibility system, the object of contractual contracting is state-owned or collective-owned enterprises as well as affiliated enterprises and Sino-foreign joint ventures. However, in the trial practice, some private enterprises and individual industrial and commercial households also outsource their own businesses to individuals or individual industrial and commercial households, and both parties have signed contractual business contracts with enterprises. Such as Wu will be operating its business is widely roasted duck Zhou operation, for a period of two years. After the agreement is signed, Zhou will deliver some of the contract fees and engage in business activities.