农村土地承包经营合同中的违约行为不仅是对承包经营合同的违约,也会对农村集体土地所有权和承包方的土地承包经营权等造成侵害,存在违约责任与侵权责任之竞合。现行立法尤其是《农村土地承包法》第56条对此规定并不十分明确,以致出现不同的解读。农村土地承包经营合同纠纷中存在责任竞合之情形,适用责任竞合制度予以规范更有利于当事人权利的保护,立法对此应予以明确。 The breach of contract in rural land contract not only violates the contract of contract operation, but also infringes upon the ownership of rural collective land and the contractual management right of the land of the contractor, with the result of the cooperation of breach of contract and tort liability. The current legislation, especially Article 56 of the Rural Land Contract Law, is not very clear about this provision, resulting in a different interpretation. In rural land contractual contract dispute there is a case of competing with each other. It is more conducive to the protection of the parties’ rights by applying the competing system of responsibility, which should be clarified by legislation.