People's Republic Of China Law Of Mediation And Arbitration Of Rural Land Contract Management Disputes

Original Language Title: 中华人民共和国农村土地承包经营纠纷调解仲裁法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
People's Republic of China President, 14th

People's Republic of China Law on mediation and arbitration of rural land contract management disputes by the People's Republic of China Standing Committee of the 11th National People's Congress Nineth meeting, on June 27, 2009, are hereby promulgated and come into force since January 1, 2010.

People's Republic of China President Hu Jintao

The June 27, 2009

People's Republic of China Law of mediation and arbitration of rural land contract management disputes

(June 27, 2009 adopted by the Standing Committee of the 11th National People's Congress Nineth session)

Directory

Chapter I General provisions

Chapter II conciliation

Chapter III arbitration

Section I Arbitration Committee and arbitrator

Section II application and acceptance

Section III the composition of the arbitral tribunal

Fourth day hearing and award

The fourth chapter by-laws

Chapter I General provisions

Article for fair and timely resolution of rural land contract management disputes, maintaining the lawful rights and interests of the parties, promoting rural economic development and social stability, and this law is enacted.

Article mediation and arbitration of rural land contract management disputes, this law shall apply.

Rural land contract management disputes, including:

(A) arising from the conclusion, performance, modification, rescission and termination of the rural land contract disputes;

(B) contractual operation right of rural land subcontract, lease, Exchange, transfer, share transfer disputes such as;

(C) for land recovery, adjustment contract disputes;

(D) the recognition of contractual operation right of rural land disputes;

(V) infringement of contractual operation right of rural land disputes;

(F) the laws and regulations of other rural land contract management disputes.

By expropriation of collectively-owned land and compensation disputes, not part of the Arbitration Committee of the rural land contract scope, can be solved through administrative reconsideration or litigation.

Article III of the rural land contract management disputes, parties may of their own accord, can also request villagers Committee and township (town) people's Government such as mediation.

Article fourth of conciliation, mediation or not conciliation, mediation, can contribute to the Arbitration Commission for arbitration of rural land contract, and may also directly bring a lawsuit.

Article fifth mediation and arbitration of rural land contract management disputes, should be open, fair and just, convenient and efficient, based on the fact that, in accordance with the law and respect social ethics.

Sixth people's Governments above the county level shall strengthen the rural land contract management disputes mediation and arbitration Guide.

People's Governments above the county-level rural land contract management and other relevant departments shall, in accordance with the Division of responsibilities, supported the Committee on mediation and arbitration of rural land contract law.



Chapter II conciliation

Article seventh villagers Committee and township (town) people's Governments shall strengthen the rural land contract management disputes mediation to help parties reach an agreement to resolve the dispute. Article eighth party applies for rural land contract management disputes can apply in writing or orally.

Orally, by the villagers ' Committee or the township (town) people record the applicant's basic situation, for mediation of disputes matter, reason and time.

Nineth conciliation rural land contract management disputes, villagers ' Committee or the township (town) people's Governments shall fully hear the Party on the statement of facts and reasons, explaining relevant laws as well as national policies, patient flow, helps the parties reach an agreement.

Article tenth reached an agreement through mediation, villagers ' Committee or the township (town) people's Government shall make a mediation agreement.

Seal of the conciliation agreement shall be signed by the parties, or by fingerprint, mediators signed and sealed by the mediation organizations after the entry into force. 11th on rural land contract management disputes by arbitration tribunal should mediate.

A conciliation agreement, the arbitral tribunal should mediation; mediation fails, shall make a timely decision. The conciliation statement shall clearly state the outcome of the arbitration request and agreement of the parties.

Mediation shall be signed by the arbitrators, stamped with the seal of the rural land contract Arbitration Committee, and served on both parties. After mediation by both parties to sign, that is legally effective.

Parties back before the bookmark resumption of mediation, the arbitral tribunal shall make a timely decision.

Chapter III arbitration

Section I Arbitration Committee and arbitrator 12th Commission on arbitration of rural land contract, according to address the actual needs of rural land contract disputes is established.

Rural land contract Arbitration Committee in the County and not divided into districts in a city, you can also set up in the city divided into districts, or municipal district. Rural land contract Arbitration Commission set up under the guidance of the local people's Government.

Establishment of a Committee on arbitration of rural land contract, rural land contract management in their daily work by local departments.

13th Commission on arbitration of rural land contract by local people's Governments and their representatives from relevant government departments, relevant mass organizations representatives, representatives of the rural collective economic organizations, farmers ' representatives and the legal, economic and other related professionals who formed, in which farmers and legal, economic and other related professionals shall not be less than the composition of the one-second. Rural land contract Arbitration Commission has one Director, the Deputy Director of one or two persons and a number of Commission members.

The Director and Deputy Director elected by all its members.

14th rural land contract Arbitration Committee shall perform the following functions:

(A) the appointment and dismissal of arbitrators;

(B) the acceptance of the arbitration application;

(C) oversee the arbitration activities.

Rural land contract shall, in accordance with this law, formulate the regulations of the Arbitration Committee, whose composition and mandate, rules of procedure and other provisions.

15th rural land contract Arbitration Commission shall appoint arbitrators from the fair and honest person.

One of the arbitrators shall meet the following conditions:

(A) rural land contracting and management have worked for five years;

(B) five years ' legal work or the people's mediation work;

(C) in the local authority of a higher, and familiar with the residents of the rural land contract law as well as national policies.

16th Commission on arbitration of rural land contract arbitrator should be rural land contracting law and training of national policy.

The provinces, autonomous regions and municipalities in rural land contracting management arbitrator training program should be developed, organizations working to improve the training of arbitrators and guidance.

17th rural land contract Arbitration Committee members, arbitrators shall fulfil their duties, comply with regulations and arbitration of rural land contract Arbitration Commission rules, not bribes, malpractice, shall not be infringed upon the legitimate rights and interests of the parties.

Arbitrator accepts bribes, malpractice, pervert the ruling parties treat gifts and other violations, rural land contracting should be removed from the Arbitration Committee constitutes a crime, criminal responsibility shall be investigated according to law.

Above the county level people's Governments and relevant departments should be inadmissible on rural land contract Arbitration Committee or arbitrator violation complaints and reports, and organizations investigated and dealt with according to law.

Section II application and acceptance

Article 18th apply for arbitration of rural land contract management disputes the limitation period of two years, the party knew or should have known that the date on which the right was infringed. 19th arbitration of rural land contract management disputes, the applicant and the applicant is a party. Family contract, can be used by farmers ' representatives to participate in the arbitration.

Large numbers of parties and representatives selected to participate in the arbitration.

And have a stake in the outcome of the case, you can apply as a third party to the arbitration, or by notice to participate in the arbitration of rural land contract Arbitration Commission.

Party, the third party may entrust an agent to participate in the arbitration.

20th to apply for arbitration of rural land contract management disputes shall comply with the following conditions:

(A) the relationship between the applicant and has a direct interest in the dispute;

(B) clearly on the respondent;

(C) the arbitration claim and the facts and reasons;

(D) belong to the rural land contract the scope of acceptance of the Arbitration Committee. 21st the party applying for arbitration shall be made to the arbitration of rural land contract, where the dispute involves land Committee to submit an application for arbitration. The arbitration application can be mailed or appoint a proxy to make.

Request for arbitration shall contain the basic information of the applicant and the respondent, the arbitration request and the facts and reasons on which, and provide the appropriate evidence and sources of evidence.

There is difficulty in writing, orally, by the Commission on arbitration of rural land contract recorded, after verification by signature or seal of the applicant or fingerprinted. 22nd rural land contract Arbitration Committee the arbitration application shall be reviewed to meet the 20th article of this law, shall be accepted.

Any of the following circumstances, inadmissible had been accepted, termination of the arbitral proceedings:

(A) does not meet the eligibility criteria;

(B) the Court to entertain the dispute;

(C) the law provides that disputes should be handled by other agencies;

(D) the effect of the dispute decision, decisions, arbitral, administrative decisions, etc.

23rd rural land contract Arbitration Committee decision of admissibility shall, within five working days as of receipt of the application for arbitration, will receive notice of, and the Panel of arbitrators of the arbitration rules served on candidates decided not to accept, or of the termination of the arbitral proceedings, shall receive the arbitration application or found that termination of the arbitral proceedings within five working days from the date of written notice to the applicant, and explain the reasons.

Article 24th rural land contract Arbitration Commission shall, within five working days from the date of acceptance of the arbitration application, will receive notice, copy of the arbitration application and the Panel of arbitrators of the arbitration rules and served on the respondent. 25th being the applicant shall from the date of receipt of the copy of the request for arbitration from the rural land contract Arbitration Committee 10th respondent; written pleadings is truly difficult, oral pleadings, recorded by the rural land contract Arbitration Committee after verification by signature or seal of the applicant or fingerprinted. Rural land contract Arbitration Commission shall, within five working days as of receipt of the answer to reply a copy on the applicant.
The respondent does not reply, without prejudice to the conduct of arbitration proceedings.

26th party by the other party, or other reasons, that an award may be impossible or difficult to implement, you can apply for property preservation.

A party applies for property preservation, rural land contract Arbitration Commission shall submit the party's application to the respondent's domicile or the place where the property of grass-roots people's courts.

Applications with errors, the applicant shall compensate for the losses incurred by the applicant for property preservation.

Section III the composition of the arbitral tribunal

27th the arbitral tribunal composed of three arbitrators, the presiding arbitrator jointly selected by the parties, the other two arbitrators selected by the parties; cannot be selected by the parties, specified by the contracting of rural land Chairman of the Arbitration Commission. Facts are clear, the rights and obligations are clear, less controversial rural land contract management disputes, agreed by the parties, to arbitration by one arbitrator.

Arbitrators by the parties jointly selected or specified by the Director of the rural land contract Arbitration Committee.

Arbitration of rural land contract Arbitration Committee shall within two working days from the date of Constitution of the Tribunal will notify the parties about the composition of the Arbitration Tribunal.

28th an arbitrator has one of the following situations must be avoided, the parties also have the right to oral or written for their withdrawal:

(A) is a party to the case or close relatives of the party or agent;

(B) have a stake in the case;

(C) relations with the parties to the case, the agents have other, may affect the impartiality of the arbitration;

(D) privately met with the party, agent, or accept the parties or agents treat or gift. The Parties applying for withdrawal shall state the grounds, in the first hearing before the.

Withdrawal cause know after the first hearing, be submitted before the end of the last session.

29th rural land contract Arbitration Committee take a decision on the application for withdrawal shall, without delay, notify the parties orally or in writing and state the reasons.

Arbitrator withdrawal by the Director of the rural land contract Arbitration Committee decisions when rural land contracting Director to act as an arbitrator of the Arbitration Committee, by the rural collective land contract Arbitration Committee decisions.

Arbitrator withdrawal or other reason unable to perform his duties, shall be selected in accordance with the provisions of this law or to appoint an arbitrator.

Fourth day hearing and award

30th arbitration of rural land contract management disputes should be hearing. Seat of the Court in disputes involving land the township (town) or village or at the seat of the rural land contract Arbitration Committee.

Parties requested that the township (town) or village court, it should be in the township (town) or village court.

The hearing should be open, but involve State secrets, business secrets and personal privacy, and the parties agreed not to open otherwise.

31st the Arbitration Tribunal shall, before hearing of five working days of the hearing, notify the parties and other participants in the arbitration. Justified by the parties, to the arbitral tribunal a request for a change the time and place of the hearing.

Changes decided by the arbitral tribunal. Article 32nd after the party applying for arbitration, of their own accord.

Reached a settlement agreement, may request the arbitral tribunal to make an award under a reconciliation agreement, or to withdraw an application for arbitration. 33rd the applicant may abandon or alter his arbitration claim.

The respondent may admit or refute the claim, right to make a counterclaim.

Article 34th arbitral ruling, applicant withdraws the application for arbitration, in addition to being outside the applicant filing a counterclaim, the arbitral tribunal shall terminate the arbitration.

35th applicant by notice in writing, fail to appear without good reason, or without the permission of the Arbitration Tribunal courtroom in the Middle can be deemed withdrawal of an application for arbitration.

By the applicant by notice in writing, fail to appear without good reason, or without the permission of the Arbitration Tribunal courtroom in the Middle, you can award. Article 36th parties is entitled to his views in the hearing process, a statement of fact and reason, evidence, cross-examination and argument.

The party is not familiar with the local language, rural land contract Arbitration Commission shall provide translations. 37th parties shall provide evidence for his claim.

Evidence relating to the dispute and by the employer as a party, master of management, that party shall be provided within the time limit specified by the Arbitration Tribunal, fails to provide, and shall bear the negative consequences.

38th the arbitral tribunal considers it necessary to collect evidence, you can collect.

39th arbitral tribunal specifically considered the issue of need identification, can be referred to the parties agree that identification of the bodies identified; not agreed by the parties, specified by the arbitral institution identification. According to the request of the parties or the arbitral tribunal at the request of, an accreditation body shall send experts to participate in the hearing.

Leave of the arbitral tribunal by the parties, you can ask the experts questions.

40th in hearing, the evidence shall be presented that involve State secrets, business secrets and personal privacy shall not be presented in open session.

The arbitral tribunal shall, in accordance with the arbitration rules of court, the opportunity to give both parties equal representation, debate, and organize the cross-examination by the parties.

Arbitration Tribunal verified evidence as the basis for ascertaining the facts. 41st after that evidence may be destroyed or lost or difficult cases, the parties may apply for evidence to be preserved.

Parties applying for evidence preservation, rural land contract Arbitration Committee party's application should be submitted to the basic people's Court, where the evidence.

42nd disputes on rights and obligations clear, by the party applying for, the Tribunal earlier ruled that maintaining the status quo, recovery, farming production and stop the removal of Earth and covers, and so on.

Party fails to observe the first ruling, the other party may apply to a people's Court for enforcement, but shall provide appropriate guarantees.

Article 43rd arbitral tribunal shall make a written record of the hearing, by the arbitrators, recorder, parties and other participants in the arbitration signature, seal or fingerprint. The parties and other participants in the arbitration that the records of their own statements there are omissions or errors, the right to apply for corrections.

If not corrected, the application shall be recorded.

44th Arbitration Tribunal should be based on findings of fact and law and State policy decision and award. The arbitral award shall be made in accordance with the views of the majority of the arbitrators, a few different opinions of the arbitrators can be recorded.

When the arbitral tribunal cannot form majority, the award shall be made in accordance with the opinion of the presiding arbitrator.

Article 45th decision shall specify the arbitration request, disputed facts, the reasons for, verdict, ruling dates and parties appealed against the prosecution of rights, the term of the award, signed by the arbitrators, stamped with the seal of the rural land contract Arbitration Committee.

Rural land contract Arbitration Commission shall, within three working days from the date of the decision in the written decision to the parties, and shall inform the parties appealed against the prosecution of rights, the term of the award.

46th arbitration tribunal independent performance of their functions according to law, are not subject to interference by any administrative organ, public organization or individual.

47th arbitration of rural land contract disputes, shall, within 60 days from the date of acceptance of the arbitration application end complex cases need to be extended, approval may be extended by the Commission on arbitration of rural land contract officer and notify the parties in writing, but may not exceed the 30th. 48th parties appeal against the arbitral award, May 30th from the date of receipt of the award to the people's Court.

Fails to bring, the award shall come into legal effect. 49th parties legally effective mediation, adjudication, shall, in accordance with the prescribed time limit to fulfil. One of the parties fails to perform, the other party can be the domicile or the place where the property of basic-level people's Court for execution.

Court for accepting applications shall, according to law enforcement.

The fourth chapter by-laws

50th article of the law, a rural land is collectively owned by peasants and by the State according to law by the collective use of the arable land, woodlands, grasslands, and other agricultural land according to law.

51st rural land contract management disputes arbitration rules and arbitration of rural land contract model regulations, from agricultural and forestry administrative departments of the State Council jointly developed in accordance with the provisions of this law.

52nd arbitration of rural land contract management disputes shall not be charged to a client, arbitration provision into the budget is guaranteed. 53rd this law shall come into force on January 1, 2010.