Order of the President of the People's Republic of China
(No. 14)
The Law of the People's Republic of China on the Mediation and Arbitration of Rural Land Contract Disputes, which was adopted at the 9th session of the Standing Committee of the 11th National People's Congress of the People's Republic of China on June 27, 2009, is hereby promulgated and shall come into force as of January 1, 2010.
President of the People's Republic of China Hu Jintao
June 27, 2009
Law of the People's Republic of China on the Mediation and Arbitration of Rural Land Contract Disputes
(Adopted at the 9th session of Standing Committee of the 11th National People's Congress of the People's Republic of China on June 27, 2009)
Contents
Chapter I General Provisions
Chapter II Mediation
Chapter III Arbitration
Section 1 Arbitration Commissions and Arbitrators
Section 2. Application and Acceptance
Section 3. Formation of Arbitral Tribunals
Section 4. Hearing by Arbitral Tribunals and Awards
Chapter IV Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted with a view to impartially and timely settling the disputes over contracted management of rural land, maintaining the legitimate rights and interests of the parties concerned and promoting the rural economic development and social stability.
Article 2 The mediation and arbitration of disputes over contracted management of rural land shall be governed by this Law.
The disputes over the contracted management of rural land include:
1. disputes arising from the conclusion, fulfillment, modification, cancellation and termination of rural land contracts;
2. disputes arising from the sub-contract, lease, interchange, transfer, holding of shares and other means of turnover of contracted management rights to rural land;
3. disputes arising from the withdrawal and adjustment of the contracted land;
4. disputes arising from the confirmation of contracted management rights to rural land;
5. disputes arising from impairment to the contracted management rights to rural land; and
6. other disputes over contracted management of rural land as prescribed in law and regulations.
The disputes arising from requisition of collectively owned land and the compensations therefor do not fall within the scope of acceptance by the rural land contract arbitration commission, they may be settled by means of administrative reconsideration or lawsuits.
Article 3 In the case of disputes over the contracted management of rural land, the parties may make reconciliation by themselves or may request mediation by the villagers' committee, people's government of the township (town), etc.
Article 4 If the parties fail to make reconciliation, fail to reach an agreement in mediation, or are unwilling to make reconciliation or accept mediation, they may apply to the rural land contract arbitration commission for arbitration, or may directly lodge a lawsuit in the people's court.
Article 5 The mediation and arbitration of disputes over contracted management of rural land shall be open, fair, impartial, convenient to the people and highly efficient, be in accordance with law and respect social ethics.
Article 6 The people's governments at and above the county level shall strengthen the guidance over the mediation and arbitration of disputes over contracted management of rural land.
The rural land contract administrative departments of the people's governments at and above the county level and other relevant departments shall, under their respective functions, support the relevant mediation organizations and the rural land contract arbitration commissions to carry out relevant work according to law.
Chapter II Mediation
Article 7 The villagers' committees and the people's governments of townships (towns) shall strengthen the mediation of disputes over contracted management of rural land and help the parties to reach agreements on the settlement of disputes.
Article 8 To apply for mediation of disputes over contracted management of rural land, a party may file a written or oral application. In the case of filing an oral application, the villagers' committee or the people's government of the township (town) shall, on the spot, record the basic information of the applicant, disputes, grounds and time for which the mediation application is filed.
Article 9 When mediating the disputes over contracted management of rural land, the villagers' committee or the people's government of the township (town) shall fully hear the parties' statements of the facts and grounds, explain to them the relevant laws and policies of the state and patiently guide them so as to help them to reach an agreement.
Article 10 Where an agreement is reached upon mediation, the villagers' committee or the people's government of the township (town) shall prepare a mediation agreement.
The mediation agreement shall bear the signatures, seals or fingerprints of both parties, and shall come into effect after it is signed by the mediators and is under the seal of the mediation organization.
Article 11 The arbitral tribunal shall mediate the disputes over contracted management of rural land. Where an agreement is reached upon mediation, the arbitration tribunal shall make a mediation paper. If the mediation fails, it shall timely make an award.
The mediation paper shall specify the arbitration claims and the result of the agreement between the parties. It shall be signed by the arbitrators and be under the seal of the rural land contract arbitration commission and be served on both parties.
The mediation paper shall be legally effective after both parties sign the receipt thereof. If either party goes back on his words before he signs the receipt of the mediation paper, the arbitration tribunal shall timely make an award.
Chapter III Arbitration
Section 1 Arbitration Commissions and Arbitrators
Article 12 A rural land contract arbitration commission shall be established in light of the actual needs for settling the disputes over the contracted management of rural land. A rural land contract arbitration commission may be established in a county or un-districted city, or in a districted city or a jurisdictional area thereof.
A rural land contract arbitration commission shall be established under the guidance of the local people's government. Where a rural land contract arbitration commission has been established, its routine work shall be undertaken by the local rural land contract administrative department.
Article 13 A rural land contract arbitration commission shall be concurrently formed by the representatives from the local people's government and from its relevant departments, representatives from the relevant people's groups, representatives from rural collective economic organizations, farmer representatives, and professionals of law, economics and other relevant specialties. In particular, the number of farmer representatives and professionals of law and economics and other relevant specialties shall account for at least one half of the members of the arbitration commission.
A rural land contract arbitration commission shall have one director, 1 or 2 deputy directors and several commissaries. The director and deputy director (s) shall be elected by the all of the members of the commission.
Article 14 A rural land contract arbitration commission shall perform the following functions according to law:
1. to hire or dismiss arbitrators;
2. to accept arbitration applications; and
3. to supervise the arbitration activities.
The rural land contract arbitration commission shall formulate bylaws under this Law, specifying the determination and term of office of its members, rules of procedures, etc.
Article 15 A rural land contract arbitration commission shall hire arbitrators from impartial and decent personnel.
An arbitrator shall conform to any of the following conditions:
1. having been engaged in the rural land contract administration work for 5 full years;
2. having been engaged in the legal work or the people's mediation work for 5 full years; and
3. having a high prestige in the local area and being a resident familiar with the rural land contract laws and relevant policies of the state.
Article 16 A rural land contract arbitration commission shall offer to the arbitrators trainings about rural land contract laws and relevant policies of the state.
The rural land contract administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall work out an arbitrator training plan and strengthen the organization and guidance in respect of the training of arbitrators.
Article 17 The members of a rural land contract arbitration commission and arbitrators shall perform their duties according to law, abide by the bylaws and arbitration rules of the rural land contract arbitration commission and arbitration rules, and shall not extort or take bribes, or practice favoritism or injure the legitimate rights and interests of the parties.
Where an arbitrator extorts or takes bribes, or practices favoritism, or renders an award by perverting the law, or accepts the treat and gifts from the parties concerned or commits any other conduct in violation of law or disciplines, the rural land contract arbitration commission shall dismiss him; if any crime is constituted, he shall be subject to the criminal liabilities according to law.
The people's governments at and above the county level and the relevant departments shall accept the complaints and tip-offs about the violations of law and disciplines committed by members of the rural land contract arbitration commissions and arbitrators and shall organize the investigation and handling of them according to law.
Section 2 Application and Acceptance
Article 18 The limitation for application for arbitration of disputes over the contracted management of rural land shall be 2 years, computing from the date on which the party knows or should know the injury to his rights.
Article 19 The applicant and respondent in the arbitration of disputes over the contracted management of rural land shall be the parties concerned. In the case of household contract, the representatives from the farmer households may participate in the arbitration. If there are a large number of persons in either of the parties, representatives may be recommended and elected to participate in the arbitration.
Anyone who has interests in the handling results of the case may apply for participating in the arbitration as the third party or be notified by the rural land contract arbitration commission to participate in the arbitration.
A party or the third party may authorize an agent to participate in the arbitration on his behalf.
Article 20 An application for arbitration of disputes over contracted management of rural land shall meet the following requirements:
1. The party has direct interests in the disputes;
2. There is a definite respondent;
3. There are concrete arbitration claims and facts or grounds; and
4. It falls within the scope of acceptance by the rural land contract arbitration commission.
Article 21 Where a party applies for arbitration, he shall submit an arbitration application to the rural land contract arbitration commission of the place where the land involved in the disputes is located. He may mail the arbitration application or authorize a person to deliver it to the rural land contract arbitration commission. The arbitration application shall specify the basic information about the applicant and the respondent, the arbitration claims and the facts or grounds, and furnish corresponding evidence and sources thereof.
Where it is really difficult for a party to file a written application, he may file an oral application. The rural land contract arbitration commission shall make transcripts of the oral application and have the transcripts bear the signature, seal or fingerprint of the applicant upon his verification.
Article 22 A rural land contract arbitration commission shall examine the arbitration applications, and shall accept those conforming to the provisions of Article 20 of this Law. It shall not accept any application which is under any of the following circumstances; if it has accepted such an application, it shall terminate the arbitration procedure:
1. It does not meet the application requirements;
2. The disputes have been accepted by the people's court;
3. It is provided in law that the disputes shall be handled by another institution; or
4. There is an effective judgment, ruling, arbitral ruling or administrative handling decision about the disputes already.
Article 23 If a rural land contract arbitration commission decides to accept an application, it shall, within 5 working days from the date on which it receives the arbitration application, serve upon the applicant the acceptance notice, arbitration rules and roster of arbitrators. If it decides not to accept the application or decides to terminate the arbitration procedure, it shall, within 5 working days from the date on which it receives the arbitration application or finds the circumstance for termination of the arbitration procedures, notify the applicant in writing and make an explanation.
Article 24 The rural land contract arbitration commission shall, within 5 working days from the date on which it accepts the arbitration application, serve upon the respondent the acceptance notice, duplicate of the arbitration application, arbitration rules and roster of arbitrators.
Article 25 The respondent shall submit a written answer to the rural land contract arbitration commission within 10 days from the date on which he receives the duplicate of the arbitration application. If it is really difficult for him to prepare a written answer, he may make an oral answer. The rural land contract arbitration commission shall make transcripts for the oral answer and have them bear the signature, seal or fingerprint of the respondent upon his verification. The rural land contract arbitration commission shall serve upon the applicant the duplicate of the written answer within 5 working days from the date on which it receives the written answer. The failure of a respondent to submit an answer shall not affect the arbitration procedures.
Article 26 One party may apply for property preservation in the event that the conduct of the other party or other causes may result in the failure or difficulty to execute the award.
If one party applies for property preservation, the rural land contract arbitration commission shall submit his application to the grassroots people's court of the place where the domicile or property of the respondent is located.
If the application errs, the applicant shall compensate the respondent for the losses as a result of the property preservation.
Section 3 Formation of Arbitral Tribunals
Article 27 An arbitral tribunal shall comprise three arbitrators. The chief arbitrator shall be jointly selected by the parties. The other 2 arbitrators shall be respectively selected by the parties, or may be appointed by the director of the rural land contract arbitration commission in the case of the parties' failure of selection.
In the case of clear facts, explicit relationship between rights and obligations, and minor disputes, the disputes over contracted management of rural land may be arbitrated by a sole arbitrator upon consent of both parties. The arbitrator shall be jointly selected by the parties or be appointed by the director of the rural land contract arbitration commission.
The rural land contract arbitration commission shall notify the parties of the information about the formation of the arbitral tribunal within 2 working days from the date on which the arbitral tribunal is formed.
Article 28 Under any of the following circumstances, an arbitrator shall withdraw, and the parties shall also have the right to apply in writing or orally for his withdrawal:
1. being a party or close relative of a party or agent in the case;
2. having interests in the case;
3. having any other relationship with a party to the case or his agent, which may affect the impartiality of the arbitration; or
4. privately meeting a party or his agent, or accepting a treat or gift from a party or agent thereof.
To apply for the withdrawal of an arbitrator, the party shall specify the grounds and file an application prior to the initial hearing of the arbitral tribunal. If the party knows the withdrawal grounds after the initial hearing of the arbitral tribunal, he may file an application prior to the end of the final hearing of the arbitral tribunal.
Article 29 The rural land contract arbitration commission shall timely make a decision about the application for withdrawal and notify the party orally or in writing, and make an explanation.
The withdrawal of an arbitrator shall be decided by the director of the rural land contract arbitration commission. If the director of the rural land contract arbitration commission serves as an arbitrator, the his withdrawal shall be collectively decided by the rural land contract arbitration commission.
Where an arbitrator is unable to perform his duties because of withdrawal or for any other reason, a new arbitrator shall be selected or appointed under this Law.
Section 4 Hearing of Arbitral Tribunal and Awards
Article 30 The disputes over the contracted management of rural land shall be heard by the arbitral tribunal.
The hearing may be held in the township (town) or village of the place where the land involved in the disputes is located, or may be held at the location of the rural land contract arbitration commission. If both parties request that the hearing be held in the township (town) or village, the hearing shall be held in the township (town) or village.
The hearing shall be held in public, except the situation that the case involves any state secret, business secret or personal privacy or the parties stipulate not to hold the hearing in public.
Article 31 The arbitral tribunal shall notify the parties and other arbitration participants of the time and place of the hearing to be held.
A party may apply to the arbitral tribunal for changing the time and place of the hearing if he has a good reason. The arbitral tribunal shall decide on whether to make the change.
Article 32 The parties may make reconciliation by themselves after filing an arbitration application. If they reach a reconciliation agreement, they may request the arbitral tribunal to make an award according to the reconciliation agreement, or may withdraw the arbitration application.
Article 33 The applicant may waive or change the arbitration claims. The respondent may admit or argue against the arbitration claims and has the right to make counterclaims.
Article 34 If the applicant withdraws the arbitration claims before the arbitral tribunal renders an award, the arbitral tribunal shall terminate the arbitration unless the respondent makes counterclaims.
Article 35 If the applicant fails, without good reason, to participate in the hearing disregarding the written notice given to him, or if he quits the tribunal in the midst of the hearing without permission of the arbitral tribunal, he may be deemed to have withdrawn the arbitration application.
If the respondent fails to participate in the hearing disregarding the written notice given to him, or if he quits the tribunal in the midst of the hearing without permission of the arbitral tribunal, a default award may be made.
Article 36 During the course of a hearing, the parties have the right to express their opinions, state the facts and grounds, present evidence, cross-examine the evidence and make arguments. If any party does not know the language commonly used in that place, the rural land contract arbitration commission shall provide a translator for him.
Article 37 A party shall provide evidence to support his own claims. If the evidence related to the disputes is in the control of the contract-issuer who is one party, the party shall provide the relevant evidence within the time limit as specified by the arbitral tribunal; if he fails to furnish the evidence with the time limit, he shall bear the unfavorable consequences.
Article 38 The arbitral tribunal may collect the evidence, which it considers necessary, by itself.
Article 39 If the arbitral tribunal deems it necessary to authenticate a specific issue, it may have it authenticated by the authentication institution as agreed on by the parties. If noauthentication institution is agreed on by the parties, the arbitral tribunal shall designate an authentication institution to conduct the authentication.
Upon request of the parties or upon requirement of the arbitral tribunal, the authentication institution shall assign an authenticator to participate in the hearing. Upon permission of the arbitral tribunal, the parties may ask the authenticator questions.
Article 40 The evidence shall be presented during the course of the hearing, but the evidence involving any state secret, business secret or personal privacy shall not be presented during the hearing in public.
The arbitral tribunal shall hold a hearing under the arbitration rules, offer both parties equal opportunities to make statements and arguments, and organize them to cross-examine the evidence.
The evidence which the arbitral tribunal confirms true upon investigation shall be regarded as the basis for finding the facts.
Article 41 Where there is a likelihood that the evidence may be destroyed, lost or too difficult to obtain later, a party may apply for preservation of the evidence. If a party applies for preservation of the evidence, the rural land contract arbitration commission shall submit the application of the party to the grassroots people's court of the place where the evidence is located.
Article 42 For disputes involved in a case where the relationships of rights and obligations between the parties are clear, the arbitral tribunal may, at the request of the parties, first render an award to maintain the status quo, resume the agricultural production and stop fetching earth, occupying the land, etc.
If one party does not execute the pre-award, the other party may apply to the people's court for enforcement, but he shall provide a corresponding guarantee.
Article 43 The arbitral tribunal shall make transcripts of the hearing information and have them bear the signatures, seals or fingerprints of the arbitrators, recorder, parties and other arbitration participants.
If a party or any other arbitration participant considers that there is any omission or error in the records of his statements, he has the right to apply for making a supplement or correction. If he is not allowed to make a supplement or correction, a record of the application shall be made.
Article 44 The arbitral tribunal shall make an award on the basis of the confirmed facts and under the relevant laws and state policies, and prepare an arbitral award.
An award shall be made on the basis of the opinions of the majority of arbitrators and the dissentient opinions of a minority of arbitrators shall be recorded in writing. Where an arbitral tribunal fails to form the opinions by a majority, the arbitral award shall be rendered according to the opinion of the chief arbitrator.
Article 45 An arbitral award shall expressly state the arbitration claims, disputed facts, reasons, results and date of the award, as well as the right of a party to lodge a lawsuit and the time limit for a party to lodge a lawsuit in the case of dissatisfaction with the arbitral award, and shall bear the signature of the arbitrators and the seal of the rural land contract arbitration commission.
The rural land contract arbitration commission shall serve the arbitral award on the parties within 3 working days as of the date on which the award is made, and notify the parties of their right to lodge a lawsuit and the time limit for them to lodge a lawsuit in the case of dissatisfaction with the arbitral award.
Article 46 The arbitral tribunal shall independently perform its functions according to law, and shall not be subject to any interference of any administrative organ, social group, or individual.
Article 47 The arbitration of disputes over the contracted management of rural land shall be ended within 60 days from the date of acceptance of the arbitration application. If it is necessary to extend the time limit because of the complexity of the case, an extension may be made upon approval of the director of the rural land contract arbitration commission and a written notice shall be given to the parties, but the maximum extension shall not exceed 30 days.
Article 48 Where a party is dissatisfied with the arbitral award, he may lodge a lawsuit in the people's court within 30 days from the date on which he receives the arbitral award. If he fails to lodge a lawsuit within the time limit, the arbitral award shall become legally effective thereupon.
Article 49 The parties shall execute the legally effective mediation paper or arbitral award within the specified time limit. If one party fails to execute it within the time limit, the other party may file an enforcement application with the grassroots people's court of the place where the domicile or property of the respondent is located. The people's court which accepts the application shall enforce the said mediation paper or arbitral award in pursuance of law.
Chapter IV Supplementary Provisions
Article 50 The term "rural land" as used in this Law refers to the farmland, woodland and grass land collectively owned by farmers or owned by the state but collectively used by farmers, and other types of land used for agriculture according to law.
Article 51 The arbitration rules on contracted management of rural land and the model bylaws of the rural land contract arbitration commissions shall be jointly formulated by the agriculture and forestry administrative departments of the State Council under this Law.
Article 52 No fees may be charged from any party for the arbitration of disputes over the contracted management of rural land. The operating funds for the arbitration work shall be guaranteed by the fiscal budget.
Article 53 This Law shall come into force as of January 1, 2010.
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