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城市企业内部承包合同,又称企业内部经济责任制合同。这是我国城市经济体制改革中产生的一种新型的合同。目前,学术界对这种合同的法律性质,众说纷纭,其说不一。我认为,就承包合同的实质而言,它属于劳动合同的范畴,但与传统意义上的劳动合同又有差异。本文中的承包合同,主要指全民所有制企业内部关于经营管理一定的生产、经营项目的承包合同,也兼及城市集体所有制企业內部的承包合同。
City enterprise internal contract, also known as internal economic responsibility contract. This is a new type of contract arising from the reform of the urban economic system in our country. At present, academics have different opinions on the legal nature of such contracts. In my opinion, as far as the nature of the contract is concerned, it belongs to the category of labor contract, but there are differences with the traditional contract of labor. The contract of contract in this article mainly refers to the contract of contract within the whole people's ownership enterprise for the operation and management of certain production and business projects as well as the contract of the internal ownership of urban collective ownership enterprises.