发包方对未到期的承包经营合同以未经民主议定程序要求确认承包合同无效的案件时有发生。对于发包方将土地发包给本集体经济组织以外的个人或单位,如发包方无法举证承包人与发包方在承包过程中恶意串通损害国家、集体或者第三人利益的,发包方以土地承包合同未经民主议定程序为由,要求认定双方当事人签订土地承包合同无效,法院应不予支持。但在承包费、承包期限等主要内容相同的条件下,对于本集体经济组织成员的优先承包权,法院应予支持。 Occasionally, the Employer has occasioned the case of an unexpired contracted business contract that invalidates the contract without the requirement of a democratic process. If the Employer can not prove that the Contractor and the Employer were maliciously colluding with each other to damage the interests of the State, the collective or a third party during the contracting process, the Employer contracted with the Employer Without the procedure of democratic agreement, it is demanded that the parties to the contract conclude the land contract is invalid and the court should not support it. However, under the condition that the main contents of the contract fees and the contract period are the same, the court shall support the priority contractual rights of the members of the collective economic organizations.