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近年来,由于各种原因,许多中外合资经营企业(下称合营企业)陆续实行了承包经营,并有继续扩大的趋势。对于合营企业的承包经营,我国现行的法律、法规尚无明确规定,国家对外经济贸易部、国家工商行政管理局于1990年9月13日颁布的《关于承包经营中外合资经营企业的规定》(下称《规定》)也仅是“不鼓励、不提倡合营企业在正常情况下采取承包经营的方式”,实践中由于合营企业实行承包经营的相关问题在法律上尚未得到确定,也由于这种经营方式在国内出现的时间较短,加上缺少严格管理,所订的承包经营企业未能详尽规范承包双方当事人的行为等原因,以致这类企业承包经营的纠纷开始出现,并有上升的趋势。
In recent years, due to various reasons, many Sino-foreign joint ventures (hereinafter referred to as joint ventures) have successively implemented contracted operations and have continued to expand. For the contracted management of joint ventures, the laws and regulations in force in our country do not yet clearly stipulate that the “Regulations on the Contractual Administration of Joint Ventures with Chinese and Foreign Equity Joint Ventures” promulgated by the State Ministry of Foreign Economic Relations and Trade and the State Administration for Industry and Commerce on September 13, 1990 Hereinafter referred to as the “provisions”) is only “discouraged, do not advocate joint ventures under normal circumstances, the contractor to operate the way” in practice because the joint venture to implement the contract-related issues in the law has not yet been determined, but also because of this The mode of operation appeared in China for a short period of time, coupled with the lack of strict management, the contractual joint venture set by the contract failed to regulate the behavior of both parties and other reasons, so that disputes such contracting business began to emerge, and there is an upward trend .