(Adopted at the 9th Meeting of the Standing Committee of the Eleventh National People’s Congress 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 rural contracted management, safeguarding the legitimate rights and interests of the parties concerned and promoting the economic development and social stability in rural areas.

 

Article 2　 The mediation and arbitration of disputes over rural contracted management shall fall into the governance of this Law.

The disputes over rural contracted management 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, share holding and other means of the 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 rural contracted management as prescribed in laws and regulations.

The disputes arising from the requisition of collectively owned land and the compensations incurred accordingly is not under the jurisdiction of rural land contract arbitration commissions, and they may resort to means of administrative reconsideration or lawsuits for settlement.

 

Article 3　 In the case of disputes over the contracted rural land, the parties involved may seek reconciliation themselves or may request mediation from the villagers’ committee, people’s government of the township (town), etc.

 

Article 4　 In case that reconciliation or mediation fails or the parties are unwilling to reconcile or accept mediation, they may apply to the rural land contract arbitration commission for arbitration, or directly lodge a lawsuit in the people’s court.

 

Article 5　 The mediation and arbitration of disputes over rural contracted management shall be open, fair, impartial, convenient, efficient and truth-based, in compliance with law and in respect of 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 rural contracted management.

 

Rural land contract administrative departments and other relevant departments of the people’s governments at and above the county level shall act on their distinctive responsibilities to support relevant mediation organizations and rural land contract arbitration commissions to carry out their 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 rural contracted management and help the parties to reach agreements on the settlement of disputes.

 

Article 8　 To apply for mediation of disputes over rural contracted management, a party may file either a written or oral application. In the case of oral application, the villagers’ committee or the people’s government of the township (town) shall record the basic information of the applicant, the disputes, the grounds and time for which the mediation application is filed on the spot.

 

Article 9　 When mediating the disputes over rural contracted management, 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 relevant national laws and policies and patiently guide them so as to reach an agreement between the two parties.

 

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 sealed by the mediation organization.

 

Article 11  The arbitral tribunal shall mediate the disputes over rural contracted management. Where an agreement is reached upon mediation, the arbitral tribunal shall make a mediation agreement. If the mediation fails, it shall make a timely award.

The mediation agreement shall specify the arbitration claims and details of the agreement between the parties. It shall be signed by the arbitrators with the seal of the rural land contract arbitration commission and be served on both parties.

The mediation agreement shall carry legal effects once signed and accepted by the parties. If either party repudiates before he signs the receipt of the mediation agreement, the arbitral tribunal shall make a timely award.

 

Chapter III　 Arbitration

 

Section 1　  Arbitration Commissions and Arbitrators

 

Article 12　 Rural land contract arbitration commissions shall be established in light of the actual needs for settling the disputes over the contracted rural land. Rural land contract arbitration commissions may be established in a county, city not divided into districts, city with districts or municipal district thereof.

 

Rural land contract arbitration commissions 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 formed by the representatives from the local people’s government and its relevant departments, representatives from the relevant people’s organizations, representatives from rural collective economic organizations, farmers’ 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 total members of the arbitration commission.

A rural land contract arbitration commission shall have one director, one or two deputy directors and several members. The director and deputy director(s) shall be elected by all of the members of the commission.

 

Article 14　 Rural land contract arbitration commissions shall perform the following functions according to law:

 

1. To appoint 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 electoral method and term of office of its members, rules of procedures, etc.

 

Article 15 Rural land contract arbitration commissions shall recruit arbitrators from impartial and decent personnel.

An arbitrator shall conform to any of the following conditions:

 

1. Full five years of working experience in rural land contract administration work;

 

2.　  Full five years of working experience in the legal work or the people's mediation work; and

 

3. High prestige among local residents, and good knowledge of laws and national policies on rural land contract.

 

Article 16　 Rural land contract arbitration commissions shall offer arbitrators trainings on 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 develop arbitrator training plans and strengthen efforts in organizing and providing guidance over training programs.

 

Article 17　 The members of rural land contract arbitration commissions and arbitrators shall perform their duties according to law, abide by the by-laws of the rural land contract arbitration commission and arbitration rules, and shall not extort or take bribes, practice favoritism or pervert the law, nor infringe the legitimate rights and interests of the parties.

Where an arbitrator extorts or takes bribes, or practices favoritism, or renders wrongful awards, or accepts the treat and gifts from the parties concerned or commits any other conduct in violation of law or disciplines, he shall be dismissed by the rural land contract arbitration commission; where criminal offense is constituted, he shall be investigated for criminal liability pursuant to law.

 

The people’s governments at and above the county level and the relevant departments shall accept the complaints and reports 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 disposition of the case according to law.

 

Section 2　 Application and Acceptance

 

Article 18　 The time limit of each application for arbitration of disputes over rural contracted management is two years, calculated from the date when the party knows or should know the infringement to his rights.

 

Article 19　 The parties concerned shall be the applicant and respondent in the arbitration of disputes over rural contracted management. In the case of disputes over household contracted land, 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 result of the dispute 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 rural contracted management shall meet the following requirements:

 

1. The applicant 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 is under the jurisdiction of rural land contract arbitration commissions.

 

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 entrust 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 records of the oral application and have them signed, sealed or fingerprinted by the applicant upon his verification. 　

 

Article 22　 A rural land contract arbitration commission shall review the arbitration applications, and 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; in case it has accepted such an application, it shall terminate the arbitration procedure:

 

1.　　　　　  The application does not meet the requirements;

 

2.　　　　　  The dispute has 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 award or administrative disposition 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 the list 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 give explanations.

 

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, the duplicate of the arbitration application, arbitration rules and the list of arbitrators.

 

Article 25　 The respondent shall submit a statement of defense 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 records 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.

I

f one party applies for property preservation, the rural land contract arbitration commission shall submit his application to the grass-root 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, and the other two arbitrators shall be selected by the parties respectively. They may be appointed by the director of the rural land contract arbitration commission in case the parties fail to do so.

 

In the case of less controversial disputes over rural contracted management with clear facts and explicit relations of rights and obligations, the disputes 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 two working days from the date of the formation of arbitral tribunal.

 

Article 28　 An arbitrator shall withdraw, and the parties shall also have the right to apply in written or oral form for the withdrawal of the arbitrator under any of the following circumstances:

 

1. He is a party or close relative of a party or agent in the case;

 

2. He has interests in the case;

 

3. He has any other relationship with a party or his agent, which may affect the impartiality of the arbitration; or

 

4. He has privately met a party or his agent, or accepted 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. Where the reasons are known only after the initial hearing of the arbitral tribunal, the application may be submitted prior to the end of the final hearing.

 

Article 29 　The rural land contract arbitration commission shall make a timely decision about the application for withdrawal and notify the party in oral or in written form, and give explanations.

The withdrawal of an arbitrator shall be determined by the director of the rural land contract arbitration commission or collectively by the rural land contract arbitration commission members where the director of the rural land contract arbitration commission serves as an arbitrator.

 

Where an arbitrator is withdrawn or is otherwise unable to perform his duties, a new arbitrator shall be selected or appointed in accordance with provisions of the Law hereof.

 

Section 4　 Hearing of Arbitral Tribunal and Awards

 

Article 30　 The disputes over rural contracted management 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 where the rural land contract arbitration commission is located. If both parties request that the hearing be held in the township (town) or village, the hearing shall be held there then.

The hearing shall be held in public, except for 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 having justified reasons may request the arbitral tribunal to change the time and place of hearing. 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. Where a reconciliation agreement is reached, the parties may request the arbitral tribunal to award pursuant to the reconciliation agreement or 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 to appear in court without due cause disregarding the written notice given to him, or if he retreats during the court session 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 within 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 no authentication 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 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 hearing, but the evidence involving any state secret, business secret or personal privacy shall not be presented in public during the hearing.

 

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 determining 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 grass-root 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 agricultural production, and stop fetching earth and 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 records 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 pursuant to 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 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 and the time limit 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 departments, social groups, or individuals.

 

Article 47　 The arbitration of disputes over rural contracted management 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 agreement 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 agreement 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, forestlands and grasslands collectively owned by farmers and the State and collectively used by farmers, and other types of land used for agriculture according to law.

 

Article 51　 The arbitration rules on contracted rural land and the model by-laws 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 shall be charged from any party for the arbitration of disputes over rural contracted management. 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.