承包经营作为适应有计划商品经济需要的一种经营方式,在促进企业两权分离,加快生产发展步伐,增加国家财政收入等方面,已经发挥了积极的作用。在进一步坚持和完善承包经营过程中,如何维护承包合同的法律严肃性,受到人们普遍重视。本文想就此问题,作些粗浅探讨。一、承包经营是一种经济法律行为明确这个问题,对于维护承包合同的法律严肃性至关重要,因为它是承包合同具有法律严肃性的基础。习惯的观点认为,承包经营是一种行政行为,是国家机关为了达到某种经济目的,要求企业这样做而不那样做。这实际上是一种误解。承包经营与传统的指令性计划经营方式的根本区别,就在于它是一种经济法律行为,而不是单纯的行政行为。这样说的理由有三:一是从承包经营的目标看,它是发包和承包双方经过认真调查研究,摸底测算之后, As a mode of operation adapted to the economic needs of planned commodities, contracting management has played a positive role in promoting the separation of the two companies’ rights, speeding up the pace of production and increasing the state revenue. In the process of further adhering to and perfecting the contractual management, how to safeguard the legal seriousness of the contractual contract has received the universal attention. This article would like to make some superficial discussions on this issue. First, the contracting business is a matter of a clear economic and legal act, which is crucial for maintaining the legal seriousness of the contract because it is the basis of the legal solemnity of the contract. Habits of view that the contract management is an administrative act, the state organs in order to achieve some economic purpose, require enterprises to do so instead of doing so. This is actually a misunderstanding. The fundamental difference between contracting management and the traditional mode of operation of the mandatory plan is that it is an economic and legal act, not a mere administrative act. There are three reasons for this: First, from the perspective of contracting management, it is the contracting and contracting parties after careful investigation and study,