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一、承包经营的产生随着对外开放的深化和发展,有些中外合资、合作经营企业,在中外各方共同经营过程中,由于各方对经营中的某些做法意见不一致,从而给经营带来困难,有的连年出现亏损;有的则中途歇业或提前解散;有的则是为了使企业能够继续经营下去,便协商以承包经营方式取代共同经营方式。按我国“中外合资经营企业法实施条例”第五章第三十三条规定:“董事会是合营企业的最高权力机构,决定台营企业的一切重大问题”。因此,承包经营方式的产生就很自然地依法按企业董事会决议的方式办理。
1. The emergence of contracted operations With the deepening and development of opening to the outside world, some Sino-foreign equity joint ventures and cooperative enterprises, in the process of joint operations between Chinese and foreign parties, have caused disagreement among certain parties in the management of certain operations, thus bringing about the business Difficulties, some losses have occurred year after year; others are suspended midway or disbanded ahead of time; others are to negotiate a contracted operation mode to replace the common management mode in order to enable the company to continue to operate. According to Article 33 of Chapter V of the “Regulations for the Implementation of the Sino-Foreign Equity Joint Venture Law,” China’s “The board of directors is the supreme authority of the joint venture and determines all major issues of the company.” Therefore, the production of contract management methods is naturally handled in accordance with the resolution of the board of directors of the company.