Rules of arbitration of rural land contract management disputes
(December 29, 2009 People's Republic of China Ministry of agriculture, the Forestry Board announce 2010 1th come into force on January 1, 2010) Chapter I General provisions
The first to standardize the arbitration of rural land contract management disputes, in accordance with the People's Republic of China Law on mediation and arbitration of rural land contract management disputes, these rules are formulated.
Second arbitration of rural land contract management disputes governed by these rules.
Article the following rural land contract management disputes, the parties can contribute to the rural land contract Arbitration Committee (hereinafter referred to as the Arbitration Committee) for arbitration:
(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 scope of the Arbitration Committee, can be solved through administrative reconsideration or litigation.
Fourth Arbitration Commission is established by law, rural land contract management in their daily work by local departments.
Article fifth arbitration of rural land contract management disputes, should be open, fair and just, convenient and efficient, focusing on mediation, respect the fact that, in accordance with the law, abide by social morality.
Chapter II application and acceptance
Sixth arbitration of rural land contract management disputes, the applicant and the applicant for arbitration. Article seventh home contractor, can be used by farmers ' representatives to participate in the arbitration.
Farmers representatives chosen by the farmer members; cannot be elected together, determined in the following manner:
(A) land certificate or forest warrants, who recorded on the certificate;
(B) without a land certificate or forest warrants, certificates, who signed the contract.
Eighth for a party of five (men) or more, may elect between three and five representatives to participate in the arbitration.
Nineth and have a stake in the outcome of the case, you can apply as a third party to the arbitration, or notification to participate in the arbitration by the Arbitration Committee.
Tenth party, the third party may entrust an agent to participate in the arbitration.
Client or a third person without civil capacity or a person with limited civil capacity, by his legal representatives to participate in the arbitration.
11th the party applying for arbitration of rural land contract management disputes of the limitation period is two years, the party knew or should have known that the date on which the right was infringed. The validity of arbitration apply for mediation or arbitration, where a party requests or agrees to fulfil obligations is interrupted.
From the moment interrupted validity of arbitration is recalculated. During the period of validity of arbitration within the last six months, due to force majeure or other cause, the party cannot apply for arbitration, arbitration suspension.
From the date of suspension of the limitation when the cause of the validity of arbitration shall resume.
Against contractual operation right of rural land, continuing validity of arbitration from the infringement at the end of calculation.
12th 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) the scope of the Arbitration Committee. 13th the party applying for arbitration shall be made to the Arbitration Committee submitted an application for arbitration in disputes involving land is located.
Applications can be mailed or appoint a proxy.
Have difficulty writing, oral, recorded by the Arbitration Committee, upon verification by signature or seal of the applicant or fingerprinted. Receiving the application materials of the Arbitration Commission shall issue a receipt.
Receipt shall set forth the receipt of the material name and number of copies, the received date and sealed by the Arbitration Commission.
14th the arbitration application shall contain the following elements:
(A) the applicant and the applicant's name, age, residence, postal code, telephone number or other means of communication; a legal person or other organization shall clearly state the name, address and name of the legal representative or principal responsible person, title, means of communication;
(B) the request for arbitration;
(C) the arbitration request was based on the facts and reasons;
(D) the evidence and sources of evidence, the witness's name and contact information.
15th Arbitration Commission for arbitration should be reviewed, in line with the eligibility criteria, should be inadmissible.
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 accepted by the other institutions;
(D) the effect of the dispute decision, decisions, arbitral, administrative decisions, etc.
16th the Arbitration Committee decides to accept an application for arbitration shall, within five working days from the date of receiving the application, to receive notices, rules of arbitration, arbitrators on the applicant, will receive notice, copy of the arbitration application, rules of arbitration, arbitrators served on the respondent.
Decide not to accept, or of the termination of the arbitral proceedings, should be receiving the application date of the termination of the arbitral proceedings or found by notice in writing to the applicant within five working days, and explain the reasons.
Need to notify the third party to the arbitration, the Arbitration Commission shall notify the third person, and informed of their rights and obligations.
17th respondent shall from the date of receipt of the copy of the request for arbitration to the Arbitration Committee in the 10th the respondent.
The Arbitration Commission shall, within five working days as of receipt of the answer to reply, serve a copy of the applicant.
The respondent does not reply, without prejudice to the conduct of arbitration proceedings.
Article 18th defence shall contain the following:
(A) the respondent names, ages, addresses, zip codes, telephone or other means of communication; a legal person or other organization shall clearly state the name, address and name of the legal representative or principal responsible person, title, means of communication;
(B) the reply of the applicant an application for arbitration and on the basis of facts and reasons;
(C) the evidence and sources of evidence, witness names and contact information.
There is difficulty in a written reply, oral pleadings, recorded by the Arbitration Committee, upon verification by signature or seal of the applicant or fingerprinted.
19th of the parties to the arbitration application, the respondent, relevant documentary evidence and other written documents, shall be in triplicate.
Article 20th party or for some other reason that an award may be impossible or difficult to carry out, the other party applies for property preservation, the Arbitration Commission shall the submission of an application is the domicile of grass-roots people's courts or the place where the property, and inform the applicant of the application errors caused property losses of the applicant, shall bear corresponding liability for compensation.
Chapter III Arbitration Tribunal
21st the arbitral tribunal composed of three arbitrators.
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. 22nd the parties within five working days of receipt of the notice of acceptance, selected from the Panel of arbitrators the arbitrator.
The presiding arbitrator jointly selected by the parties, the other two arbitrators selected by the parties ' respective party cannot be selected and designated by the Chairman of the Arbitration Commission.
Appointment of a sole arbitrator jointly selected by the parties; cannot be selected by the parties, designated by the Chairman of the Arbitration Commission.
The Arbitration Commission shall, within two working days from the date of the composition of the arbitral tribunal to notify the parties about the composition of.
23rd after the Arbitration Tribunal is constituted, the presiding arbitrator shall convene the other arbitrators review cases, know the facts and circumstances of the dispute, study the parties ' request and the reasons for, check out the evidence, finishing at issue. The arbitral tribunal deems it necessary, may require additional evidence within a certain period the parties or on their own investigation and evidence collection.
On its own investigation, the investigator shall be at least two people.
24th arbitrators have one of the following should be avoided:
(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.
25th an arbitrator to avoidance of situations should be orally or in writing, to the Arbitration Committee.
The parties, arbitrators were considered to avoid situations, to orally or in writing to the Arbitration Committee for his withdrawal.
The Parties applying for withdrawal, should be submitted before the first hearing, and explain the reasons; learn to avoid the subject of after the first hearing, be submitted before the end of the last session.
26th the Arbitration Commission shall receive request for withdrawal or found that arbitrators avoid situations within two working days from the date of decision, inform the parties orally or in writing, and explain the reasons.
Arbitrators are avoided, decided by the Chairman of the Arbitration Commission; Director, when acting as an arbitrator of the Arbitration Committee, by the Director of the collective decisions of the Arbitration Committee to avoid.
27th an arbitrator in any of the following circumstances shall be in accordance with the provisions of this rule 22nd selected or appoint an arbitrator:
(A) decided to avoid;
(B) de jure or de facto unable to perform his duties;
(C) for loss of removal or dismissal of arbitrators eligible;
(D) exits or is not engaged in arbitration work for personal reasons;
(E) due to favoritism and dereliction of duty by the Arbitration Committee decided to replace.
After selected or appoint an arbitrator, arbitral proceedings continue.
Parties to the arbitration procedure, decided by the arbitral tribunal.
28th article of the arbitral tribunal shall provide the parties with the necessary explanations of legal policy, and help the parties of their own accord.
Reached a settlement agreement, the parties may request the arbitral award under a reconciliation agreement; parties to withdraw an application for arbitration, the arbitral tribunal shall terminate the arbitral proceedings. 29th the Arbitration Tribunal shall mediate both parties on a voluntary basis.
A conciliation agreement, the arbitral tribunal shall be made of mediation.
A conciliation statement shall set forth the parties ' basic results and agreements, disputes, arbitration is the subject request, signed by the arbitrator, and the Arbitration Commission, and served on both parties.
Mediation the parties sign shall come into legal effect.
30th mediation or conciliation the parties back before the bookmark resumption, the arbitral tribunal shall make a timely decision.
Statement of the parties in the mediation process, the views, opinions or recommendations, or pursuant to decisions of the arbitral tribunal shall not be used as evidence.
31st Arbitration Tribunal before making a decision, the applicant waive and withdraw the request for arbitration, and the applicant is not the applicant's arbitration request against the request, the arbitral tribunal shall terminate the arbitral proceedings.
The 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.
Article 32nd by the applicant on the applicant's request to a counterclaim shall state the claim and the facts and reasons on which, together with relevant documents.
Request against the applicants prior to the Arbitration Tribunal is constituted, the Arbitration Committee to decide whether to accept; requesting anti-after the formation of the arbitral tribunal, the arbitral tribunal to decide whether to accept. Arbitration Committee or the arbitral tribunal decides to entertain a counterclaim shall, within five working days as of receipt of the counterclaim a counterclaim, serve a copy of the application to the applicant. Applicant shall receive anti-request a copy of the application within ten working days after submission of a counterclaim, the respondent, does not reply does not affect the conduct of the arbitration proceedings.
The Arbitration Tribunal shall be the applicant's counterclaim joinder with the applicant's request.
Arbitration Commission or an arbitral tribunal decided not to accept a counterclaim, and shall notify the applicant in writing and state the reasons.
33rd before the arbitration tribunal composed of the applicant alter his arbitration claim or counterclaim for change of the respondent, the Arbitration Board makes a decision on whether to permit; after the formation of the arbitral tribunal changed claim or counterclaim, permit decision by the arbitral tribunal.
Fourth chapter sessions 34th arbitration of rural land contract management disputes should be hearing.
The hearing should be open, but involve State secrets, business secrets and personal privacy, and the parties agreed not to open otherwise. Seat of the Court in disputes involving land the township (town) or village or at the seat of the Arbitration Committee.
Parties requested that the township (town) or village court, it should be in the township (town) or village court.
35th Arbitration Tribunal shall sit in five working days before the court date, place, to notify the parties, third parties and other participants in the arbitration. Change time and place of the hearing by the Parties shall be three working days before the arbitral tribunal hearing, and explain the reasons.
The arbitral tribunal decided to change, notify the parties, third parties and other participants in the arbitration; decides not to change, inform the parties of the change request.
36th public hearing, shall information such as the time and place of hearing shall be published.
Application view of citizens, after review by the Tribunal to sit in.
37th 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, the arbitral tribunal may award.
Request against the respondent, the applicant by notice in writing, fail to appear without good reason, or without the permission of the Arbitration Tribunal courtroom in the Middle, the arbitral tribunal may rule on the counterclaim is absent.
Article 38th Court, the arbitral tribunal shall identify the parties and third persons, agents, and other participants in the Arbitration Court, and individual identification. Court announced by the presiding arbitrator or the sole arbitrator.
The presiding arbitrator or the sole arbitrator shall announce, read out the members of the arbitral tribunal list of arbitral rules, rights and obligations of the parties, asked whether the Parties applying for arbitrator.
39th parties to an arbitration tribunal shall guarantee equal opportunities statement, organizing party or third party, representative statements of fact, opinion, and reasons.
40th party or third party should provide evidence for its claim to prove it.
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.
41st the arbitral tribunal on its own investigation and collection of evidence should be presented in court to the parties.
42nd 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. 43rd party applying for evidence preservation, should be submitted in writing to the Arbitration Committee.
The Arbitration Commission shall within two working days from the date of receipt of the application, the application submitted to the basic people's Court, where the evidence.
44th witnesses the party, the third party application, the arbitral tribunal shall permit and inform witnesses of their rights and obligations.
Witnesses may not sit in the case.
45th in hearing, the evidence shall be presented that involve State secrets, business secrets and personal privacy shall not be presented in open session.
Arbitral tribunal shall organize a party or third party Exchange of evidence, cross-examination.
By permission of the Arbitration Tribunal, the party, the third party can ask witnesses, witnesses shall truthfully answer. 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.
By permission of the Arbitration Tribunal, the parties may ask the experts questions.
Article 46th arbitral tribunal shall guarantee the right to equality in the exercise of the parties debated and contentious debate.
At the end of the debate, the presiding arbitrator or the sole arbitrator shall consult the parties, third party concluding observations. 47th on the rights and obligations clear dispute, parties may appeal to the Tribunal a written ruling on applications, requests to maintain the status quo, the resumption of agricultural production and the cessation of disruptive behavior such as soil, covering.
The Arbitration Tribunal shall from the date of receiving the application for advance ruling within two business days to make a decision.
The Tribunal ruling, shall make a ruling, and inform the advance ruling to the applicant may apply to a people's Court for enforcement, but shall provide appropriate guarantees.
Decision shall set forth the advance ruling request ahead of content, based on the facts and reasons, decisions and dates, signed by the arbitrators and sealed by the Arbitration Commission. 48th Arbitration Tribunal shall make a written record of the hearing.
Transcripts, recorded by the arbitrators, the parties, and the third party and other participants in the arbitration signature, seal or fingerprint. Parties, third parties and other participants in the arbitration said his statement recorded omissions or errors, the right to apply for corrections.
Arbitral tribunal is not corrected, should explain the situation to the applicant, the application and recorded.
49th article of one of the following situations occurs, stop the arbitration proceedings:
(A) one of the parties dies, you need to wait for the successor to indicate whether they participate in the arbitration;
(B) incapacity of a party, legal representatives has not been determined;
(C) legal persons or other organizations as one of the parties terminates and successor rights and obligations has not been determined;
(D) due to causes of force majeure a party cannot take part in the arbitration;
(E) the present case must be based on the outcome of another case, and the other before the Court;
(Vi) other circumstances that warrant the stay of arbitration proceedings. Occurred before the formation of the cause for suspension of arbitration by the Arbitration Tribunal, arbitration by the Arbitration Committee to decide whether to suspend; suspension of arbitration occurred after the formation of the arbitral tribunal, the arbitral tribunal to decide whether to suspend the arbitration.
Decided to suspend the arbitration proceedings shall notify the parties in writing.
Reasons for terminating the arbitral proceedings is eliminated, the Arbitration Committee or shall, within three working days of the arbitral decision to resume arbitration proceedings and notify the parties and third persons.
50th under the following circumstances, termination of arbitral proceedings:
(A) the death or termination of the applicant without an heir and successor rights and obligations or rights of heirs, successor rights and obligations to give up;
(B) the death or termination of the applicant, is not available for the implementation of the property, nor shall be liable for obligations of the person;
(C) the other end of arbitral proceedings.
Terminate the procedure for arbitration, the Arbitration Commission found shall terminate the procedure for arbitration in writing within five working days of the date notice party or third person, and explain the reasons.
The fifth chapter Award and delivery
51st Arbitration Tribunal should be based on findings of fact and law as well as national policy decision and award. Organization the presiding arbitrator arbitral tribunal to comment on the case, ruling according to the majority of the arbitrators.
A few different opinions of the arbitrators can be recorded.
When the arbitral tribunal cannot form majority shall rule in accordance with the opinion of the presiding arbitrator.
52nd awards shall specify the arbitration request, disputed facts, the reasons for and evidence, verdict, verdict date, and the appeal against the prosecution and the term of the award.
Decisions shall be signed by the arbitrators and sealed by the Arbitration Commission. Text in the article 53rd award, calculation errors, omissions or the award, the arbitral tribunal should be corrected in a timely manner.
Correction form part of the award. 54th the Arbitration Tribunal shall be made within 60 days from the date of acceptance of the arbitration application of arbitral awards.
Processing time to accept the notice record date shall prevail.
Complex cases need to be extended, and approved by the Chairman of the Arbitration Commission may be extended, but extend the deadline shall not be later than 30th.
Extension of deadline, shall, within three working days from the date of the decision to extend in writing notify the parties and the third party.
Period does not include the arbitral proceedings terminated, identification, a party in an out-of-court settlement, the supplementary application materials and correct decision time.
55th Arbitration Commission shall, within three working days from the date of the decision in the service of the ruling party and the third party.
Direct service, and shall inform the parties and third persons of the following considerations:
(A) appeal against the arbitral award can be received within 30th of the award to the people's Court, fails to bring, the award shall come into legal effect;
(B) the party fails to observe the effect of obligations established by the award, the other party can be the domicile or the place where the property of basic-level people's Court for execution. 56th arbitration documents shall be served on the party or their agent directly.
The person is a natural person, but I was not present, by the adult members of their families who live with them to sign; recipient of the service is a legal person or other organization, and shall be the legal representative of the legal persons, other organizations in charge of the person or the legal person or organization responsible for the sign.
After service of arbitration documents, on a certificate of service by the addressee signature, seal or fingerprinted, service shall be effected in the receipt date is the date of service on the certificate of service. The addressee or adult members of their families who live with them refusing to accept arbitration documents, Lien service.
Service shall invite the relevant organizations or representatives of the recipient of the service unit arrived at the scene, explained the situation, reject reason and date written on the certificate of service, service, witness signature, seal or fingerprinted, arbitration documents remain in the addressee's domicile, shall be deemed to have been served. Direct service with difficulty, can be served by post.
Service by post, date of service to the date of signing by the parties.
Parties unknown, or previously served under paragraph cannot be served by, and service by publication, spontaneous announcement date, after 60 days, shall be deemed to have been served.
The sixth chapter supplementary articles Solely 57th may apply summary procedure.
Summary procedure of arbitration rules shall be formulated in accordance with the rules of the Arbitration Commission.
Article 58th period includes the period prescribed by law and the arbitral tribunal.
During the day, month, year, and during the days not included in the period.
During the last day is a legal holiday, the first work day after the holiday for the last day of the period.
Article 59th is not familiar with the local language and character parties, third parties, the Arbitration Commission should be provided with translation.
60th arbitration documents format jointly developed by the Ministry of agriculture, the State forestry administration.
61st arbitration of rural land contract management disputes shall not be charged to a client, arbitration provision into the budget is guaranteed according to law.
Party concerned entrusts an agent, apply such charges incurred will be borne by the parties. 62nd article of the rules come into force on January 1, 2010.