Law of the People's Republic of China on Mediation and Arbitration of Disputes over the Rural Land Contractual Management
Law of the People's Republic of China on Mediation and Arbitration of Disputes over the Rural Land Contractual Management
Law of the People's Republic of China on Mediation and Arbitration of Disputes over the Rural Land Contractual Management
Order of the President of the People's Republic of China No.14
June 27, 2009
The Law of the People's Republic of China on Mediation and Arbitration of Disputes over the Rural Land Contractual Management, adopted at the ninth 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 for implementation as of January 1, 2010.
Hu Jintao, President of the People's Republic of China
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 The Law of the People's Republic of China on Mediation and Arbitration of Disputes over the Rural Land Contractual Management(hereinafter referred to as the "Law") is formulated with a view to impartially and timely settling the disputes over the rural land contractual management, maintaining the legitimate rights and interests of the parties concerned and promoting rural economic development and social stability.
Article 2 The mediation and arbitration of disputes over the contractual management of rural lands shall be governed by the Law.
The disputes over the contractual management of rural lands include:
1. disputes arising from the conclusion, fulfillment, modification, cancelation and termination of rural land contracts;
2. disputes arising from the sub-contracting, lease, exchange, transfer, holding of shares and other means of circulation of contractual management rights to rural lands;
3. disputes arising from the withdrawal and adjustment of contracted lands;
4. disputes arising from the confirmation of contractual management rights to rural lands;
5. disputes arising from impairment to the contractual management rights to rural lands; and
6. other disputes over the contractual management of rural lands as prescribed in laws and regulations.
The disputes arising from the requisition of collectively owned lands and the compensations therefor do not fall within the scope of acceptance by the arbitration commissions for rural land contracts, and they may be settled by means of administrative reconsideration or lawsuits.
Article 3 In the case of disputes over the contractual management of rural lands, the parties may effect reconciliation by themselves or may request mediation by the villagers' committee, people's government of the township (town), etc.
Article 4 If the parties concerned fail to effect reconciliation, fail to reach an agreement in mediation, or are unwilling to make reconciliation or accept mediation, they may apply to the arbitration commission for rural land contracts for arbitration, or may directly file a lawsuit with the people's court.
Article 5 Adhering to the principles of openness, fairness, justice, convenience and high efficiency, the mediation and arbitration of disputes over the contractual management of rural lands shall be on the basis of the facts, in line with the laws and respect social ethics.
Article 6 The people's governments at or above the county level shall strengthen the guidance about the mediation and arbitration of disputes over the contractual management of rural lands.
The administrative departments of rural land contracts under the people's governments at or above the county level and other relevant departments shall, according to their respective duties, support the relevant mediation organizations and the arbitration commissions for rural land contracts to carry out relevant work in accordance with the law.
Chapter II Mediation
Article 7 The villagers' committees and the people's governments of townships (towns) shall strengthen the mediation of disputes over the contractual management of rural lands and help the parties concerned to reach agreements on the settlement of disputes.
Article 8 To apply for mediation of disputes over the contractual management of rural lands, 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 as well as the relevant disputes, the grounds for which the mediation application is filed and the occurrence time of such disputes.
Article 9 When mediating disputes over the contractual management of rural lands, 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 be under the seal of the mediation organization.
Article 11 The arbitral tribunal shall mediate the disputes over the contractual management of rural lands. Where an agreement is reached upon mediation, the arbitration tribunal shall prepare a mediation paper.
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Order of the President of the People's Republic of China No.14
June 27, 2009
The Law of the People's Republic of China on Mediation and Arbitration of Disputes over the Rural Land Contractual Management, adopted at the ninth 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 for implementation as of January 1, 2010.
Hu Jintao, President of the People's Republic of China
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 The Law of the People's Republic of China on Mediation and Arbitration of Disputes over the Rural Land Contractual Management(hereinafter referred to as the "Law") is formulated with a view to impartially and timely settling the disputes over the rural land contractual management, maintaining the legitimate rights and interests of the parties concerned and promoting rural economic development and social stability.
Article 2 The mediation and arbitration of disputes over the contractual management of rural lands shall be governed by the Law.
The disputes over the contractual management of rural lands include:
1. disputes arising from the conclusion, fulfillment, modification, cancelation and termination of rural land contracts;
2. disputes arising from the sub-contracting, lease, exchange, transfer, holding of shares and other means of circulation of contractual management rights to rural lands;
3. disputes arising from the withdrawal and adjustment of contracted lands;
4. disputes arising from the confirmation of contractual management rights to rural lands;
5. disputes arising from impairment to the contractual management rights to rural lands; and
6. other disputes over the contractual management of rural lands as prescribed in laws and regulations.
The disputes arising from the requisition of collectively owned lands and the compensations therefor do not fall within the scope of acceptance by the arbitration commissions for rural land contracts, and they may be settled by means of administrative reconsideration or lawsuits.
Article 3 In the case of disputes over the contractual management of rural lands, the parties may effect reconciliation by themselves or may request mediation by the villagers' committee, people's government of the township (town), etc.
Article 4 If the parties concerned fail to effect reconciliation, fail to reach an agreement in mediation, or are unwilling to make reconciliation or accept mediation, they may apply to the arbitration commission for rural land contracts for arbitration, or may directly file a lawsuit with the people's court.
Article 5 Adhering to the principles of openness, fairness, justice, convenience and high efficiency, the mediation and arbitration of disputes over the contractual management of rural lands shall be on the basis of the facts, in line with the laws and respect social ethics.
Article 6 The people's governments at or above the county level shall strengthen the guidance about the mediation and arbitration of disputes over the contractual management of rural lands.
The administrative departments of rural land contracts under the people's governments at or above the county level and other relevant departments shall, according to their respective duties, support the relevant mediation organizations and the arbitration commissions for rural land contracts to carry out relevant work in accordance with the law.
Chapter II Mediation
Article 7 The villagers' committees and the people's governments of townships (towns) shall strengthen the mediation of disputes over the contractual management of rural lands and help the parties concerned to reach agreements on the settlement of disputes.
Article 8 To apply for mediation of disputes over the contractual management of rural lands, 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 as well as the relevant disputes, the grounds for which the mediation application is filed and the occurrence time of such disputes.
Article 9 When mediating disputes over the contractual management of rural lands, 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 be under the seal of the mediation organization.
Article 11 The arbitral tribunal shall mediate the disputes over the contractual management of rural lands. Where an agreement is reached upon mediation, the arbitration tribunal shall prepare a mediation paper.
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