Detailed Explanation of Article 53 of Rural Land Contract Arbitration Law

The Law on Mediation and Arbitration of Rural Land Contract Management Disputes in People's Republic of China (PRC) was promulgated in June 2009. Promulgated by the China Municipal People's Congress, the font size is 14. This law on mediation and arbitration of people's livelihood can safeguard the interests of all parties, its content is fair, it can adjust the situation of people's livelihood disputes, solve a considerable difficult situation for rural land contracting in China, get the support of contractors, and improve economic development to a certain extent.

People's Republic of China (PRC) Rural Land Contract Management Dispute Mediation and Arbitration Law

Article 1 This Law is formulated in order to fairly and timely resolve disputes over contracted management of rural land, safeguard the legitimate rights and interests of the parties concerned and promote rural economic development and social stability.

Article 2 This Law shall apply to mediation and arbitration of disputes over contracted management of rural land.

Article 3 In case of disputes over contracted management of rural land, the parties concerned may solve them by themselves or request the villagers' committee or the township (town) people's government for mediation.

Article 4 If the parties fail to reach a settlement or mediation through consultation, they may apply to the Rural Land Contract Arbitration Committee for arbitration, or they may directly bring a suit in a people's court.

Article 5 The mediation and arbitration of disputes over contracted management of rural land shall be open, fair, just, convenient and efficient, based on facts, in accordance with the law and respecting social morality.

Sixth people's governments at or above the county level shall strengthen the guidance of mediation and arbitration of rural land contract management disputes.

Article 7 Villagers' committees and township (town) people's governments shall strengthen mediation of disputes over contracted management of rural land and help the parties reach an agreement to resolve the disputes.

Eighth parties to apply for mediation of rural land contract management disputes, you can apply in writing or orally. If an oral application is made, the villagers' committee or the township (town) people's government shall record the basic information of the applicant, the dispute, reasons and time for applying for mediation on the spot.

Article 9 The villagers' committee or the township (town) people's government shall fully listen to the parties' statements of facts and reasons, explain relevant laws and state policies, patiently guide them and help them reach an agreement.

Article 10 If an agreement is reached through mediation, the villagers' committee or the township (town) people's government shall make a mediation agreement.

The conciliation statement shall be signed, sealed or fingerprinted by both parties, and shall take effect after being signed by the mediator and stamped with the seal of the conciliation organization.

Article 11 The arbitration tribunal shall mediate disputes over contracted management of rural land. If an agreement is reached through mediation, the arbitration tribunal shall make a conciliation statement; If mediation fails, a decision shall be made in time.

Twelfth rural land contract arbitration committee, established according to the actual needs of solving rural land contract management disputes. Rural land contract arbitration committees may be established in counties and cities without districts or cities with districts or municipal districts.

Article 13 The rural land contract arbitration commission shall be composed of representatives of the local people's government and its relevant departments, representatives of relevant people's organizations, representatives of rural collective economic organizations, representatives of farmers and relevant legal and economic professionals, of which farmers' representatives and relevant legal and economic professionals shall not be less than half of its members.

Fourteenth rural land contract arbitration committee shall perform the following duties according to law:

(1) Appointment and removal of arbitrators;

(2) Accepting arbitration applications;

(3) supervising arbitration activities.

Fifteenth rural land contract arbitration committee shall appoint arbitrators from fair and decent personnel.

Sixteenth rural land contract arbitration committee shall train arbitrators in rural land contract laws and national policies.

Article 17 The members and arbitrators of the rural land contract arbitration committee shall perform their duties according to law, abide by the constitution and arbitration rules of the rural land contract arbitration committee, and shall not ask for bribes, engage in malpractices for selfish ends, or infringe upon the legitimate rights and interests of the parties.

Article 18 The limitation period for applying for arbitration for disputes over contracted management of rural land is two years, counting from the date when the parties know or should know that their rights have been infringed.

Nineteenth rural land contract management dispute arbitration with the applicant and the respondent as the parties. In case of household contract, farmers' representatives may participate in the arbitration. If there are a large number of parties, representatives may be elected to participate in the arbitration.

Twentieth to apply for arbitration of rural land contract management disputes shall meet the following conditions:

(a) The applicant has a direct interest in the dispute;

(2) Having a clear respondent;

(3) There are specific arbitration claims, facts and reasons;

(four) belonging to the scope of acceptance of the rural land contract arbitration commission.

Twenty-first parties applying for arbitration shall submit an application for arbitration to the rural land contract arbitration committee where the disputed land is located. The arbitration application can be mailed or entrusted to others. The application for arbitration shall state the basic information of the applicant and the respondent, the arbitration request and the facts and reasons on which it is based, and provide the corresponding evidence and sources of evidence.

Article 22 The rural land contract arbitration commission shall examine the application for arbitration, and shall accept it if it considers that it conforms to the provisions of Article 20 of this Law. In any of the following circumstances, it will not be accepted; If it has been accepted, the arbitration procedure shall be terminated.

Twenty-third rural land contract arbitration committee decides to accept, it shall, within five working days from the date of receiving the application for arbitration, serve the notice of acceptance, arbitration rules and the roster of arbitrators on the applicant; If it decides not to accept or terminate the arbitration procedure, it shall notify the applicant in writing within five working days from the date of receiving the application for arbitration or discovering the termination of the arbitration procedure, and explain the reasons.

Twenty-fourth rural land contract arbitration commission shall, within five working days from the date of accepting the application for arbitration, serve the notice of acceptance, a copy of the application for arbitration, the arbitration rules and the roster of arbitrators on the respondent.

Twenty-fifth the respondent shall, within ten days from the date of receiving the copy of the arbitration application, submit a written reply to the rural land contract arbitration commission; If it is really difficult to make a written defense, you can make an oral defense, which shall be recorded by the rural land contract arbitration commission and signed, sealed or fingerprinted by the respondent after verification. The rural land contract arbitration commission shall serve a copy of the defense on the applicant within five working days from the date of receiving the defense. If the respondent fails to reply, it will not affect the arbitration proceedings.

Article 26 If a party may make the award unenforceable or difficult to enforce due to the behavior of the other party or other reasons, it may apply for property preservation.

If a party applies for property preservation, the rural land contract arbitration commission shall submit the application of the party to the basic people's court where the respondent has his domicile or property is located.

Article 27 An arbitration tribunal shall be composed of three arbitrators, with the presiding arbitrator selected by both parties and the other two arbitrators selected by both parties. If the parties cannot choose, it shall be designated by the chairman of the rural land contract arbitration commission.

Article 28 An arbitrator must withdraw under any of the following circumstances, and the parties have the right to apply for his withdrawal orally or in writing.

Twenty-ninth rural land contract arbitration commission shall make a timely decision on the application for withdrawal, notify the parties orally or in writing, and explain the reasons.

Thirtieth rural land contract management dispute arbitration shall be held in court.

Article 31 The arbitration tribunal shall notify the parties and other arbitration participants of the time and place of the hearing five working days before the hearing.

Article 32 After applying for arbitration, the parties may reach a settlement by themselves. Where a settlement agreement is reached, the arbitration tribunal may be requested to make an award according to the settlement agreement? Book, you can also withdraw the arbitration application.

Article 33 The applicant may waive or change the arbitration request. The respondent may admit or refute the arbitration claim and has the right to make a counterclaim.

Article 34 If the applicant withdraws his application for arbitration before the arbitral tribunal makes an award, the arbitral tribunal shall terminate the arbitration unless the respondent makes a counterclaim.

Article 35 If the applicant, after being notified in writing, fails to appear in court without justifiable reasons or withdraws from court without the permission of the arbitration tribunal, it may be regarded as withdrawing the arbitration application.

Article 36 During the hearing, the parties have the right to express their opinions, state facts and reasons, provide evidence, conduct cross-examination and debate. The rural land contract arbitration commission shall provide translation for the parties who are not familiar with the local language.

Article 37 The parties shall provide evidence for their claims. If the evidence related to the dispute is managed by the employer, the parties shall provide it within the time limit specified by the arbitration tribunal. If it is not provided within the time limit, it shall bear adverse consequences.

Article 38 The arbitration tribunal may collect evidence it deems necessary.

Article 39 If the arbitration tribunal deems it necessary to appraise specialized issues, it may submit them to an appraisal institution agreed by the parties for appraisal. If there is no agreement between the parties, it shall be appraised by an appraisal institution designated by the arbitration tribunal.

Article 40 Evidence shall be presented in court, but evidence involving state secrets, commercial secrets and personal privacy shall not be publicly presented.

Article 41 If the evidence may be lost or difficult to obtain later, the parties may apply for evidence preservation. Where a party applies for evidence preservation, the rural land contract arbitration commission shall submit the party's application to the grassroots people's court where the evidence is located.

Article 42 For disputes with clear rights and obligations, upon the application of the parties, the arbitration tribunal may first decide to maintain the status quo, resume agricultural production and stop borrowing and occupying land.

Article 43 The arbitration tribunal shall record the hearing in the record, which shall be signed, sealed or fingerprinted by the arbitrator, the recorder, the parties and other arbitration participants.

Article 44 The arbitration tribunal shall make an award according to facts and laws and national policies.

Article 45 An award shall clearly state the arbitration claim, disputed facts, reasons for the award, results of the award, date of the award and the rights and time limit for the parties to bring a lawsuit against the arbitration award, which shall be signed by the arbitrator and stamped with the seal of the Rural Land Contract Arbitration Commission.

Article 46 The arbitration tribunal shall perform its duties independently according to law and shall not be interfered by administrative organs, social organizations or individuals.

Forty-seventh rural land contract management dispute arbitration shall end within 60 days from the date of accepting the application for arbitration; If the case is complicated and needs to be extended, it may be extended with the approval of the director of the rural land contract arbitration commission, and the parties concerned shall be notified in writing, but the extension period shall not exceed 30 days.

Article 48 If a party refuses to accept the arbitration award, he may bring a suit in a people's court within 30 days from the date of receiving the award. If no prosecution is filed within the time limit, the ruling will take legal effect.

Article 49 The parties shall perform a legally effective conciliation statement or award within the prescribed time limit. If one party fails to perform within the time limit, the other party may apply to the basic people's court where the respondent has his domicile or property. The people's court that accepts the application shall execute it according to law.

Article 50 The term "rural land" as mentioned in this Law refers to cultivated land, woodland, grassland and other land that are collectively owned by farmers and owned by the state and used for agriculture according to law.

Article 51 The arbitration rules for disputes over contracted management of rural land and the model articles of association of the rural land contracting arbitration commission shall be jointly formulated by the administrative departments of agriculture and forestry of the State Council in accordance with the provisions of this Law.

Fifty-second rural land contract management dispute arbitration fees are not charged to the parties, and the arbitration funds are included in the fiscal budget to ensure it.

Article 53 This Law shall come into force as of 20 10 10 1.

There are 53 articles in the Law on Mediation and Arbitration of Rural Land Contract Management Disputes in People's Republic of China (PRC), and each article has detailed provisions according to various disputes that may occur between contractors and parties. Although it was promulgated in 2009, People's Republic of China (PRC) Rural Land Contract Management Dispute Mediation and Arbitration Law was not implemented until 20 10. From the implementation time, 20 10 is also a new improvement and a new starting point for land contracting. President Hu Jintao and the Standing Committee adopted this proposal, which made all disputes get unprecedented improvement.

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