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In accordance with the General Principles of Civil Law of the PRC, Contract Law of the PRC, Civil Procedural Law of the PRC, Rural Land Contracting Law of the PRC, Land Management Law of the PRC and other laws, the following interpretations are hereby made about some issues concerning the laws applicable to the trial of cases of disputes over rural land contracting by taking into consideration the civil adjudication practices: I. ACCEPTANCE AND LITIGATION SUBJECTS Article 1. The people's court shall accept the following civil disputes involving rural land contracting: (1) The dispute over a contracting contract; (2) The dispute over the infringement upon the contracted rural land management right; (3) The dispute over the circulation of the contracted rural land management right; (4) The dispute over the distribution of compensation for the requisition of contracted land; and (5) The dispute over the inheritance of contracted rural land management right. Where a member of a collective economic organization lodges a civil action because he fails to actually obtain the contracted rural land management right, the people's court shall inform him that he shall request the relevant administrative department for settlement. Any civil action in respect of the amount of the distributed land compensation which is lodged by a member of a collective economic organization shall not be accepted by the people's court. Article 2. If the parties concerned voluntarily reach a written arbitration agreement, the people's court that accepts the case shall handle the case in accordance with the Articles 145 through 148 of the Opinions on Some Issues concerning the Application of the Civil Procedural Law of the People's Republic of China issued by the Supreme People's Court. If the parties concerned fail to reach any written arbitration agreement and if one party files an application with the rural land arbitration institution for arbitration but the other party initiates a lawsuit, the peoples' court shall accept the case and shall give a written notice to the arbitration institution. However, if the other party first accepts the arbitration jurisdiction and then initiates a lawsuit, the people's court shall not accept the case. If either party concerned refuses to accept the arbitration award and lodges a lawsuit within 30 days after it receives the award, the people's court shall accept the case. Article 3. The parties to the dispute over a contracting contract shall be the contract-issuing party and the contractor. The "contractor" as mentioned in the preceding paragraph refers to the rural households who contract the rural land of the collective economic organization on the basis of household, as well as the entities or individuals who contract the rural land in any other form. Article 4. If a rural household comprises several members, the litigation shall be lodged by its representative. The representative of a rural household shall be determined according to the following circumstances: (1) The person as specified in the certificate of contracted land management right or in other certificates; (2) If the rural household fails to be lawfully registered and obtain the certificate of contracted land management right and other certificates, its representative shall be the person who signed the contracting contract; and (3) If the person as prescribed in the preceding two paragraphs has deceased, loses civil capacity or is unable to lodge the litigation for any other reason, the representative shall be the one designated by the members of the rural household. II. SETTLEMENT OF CASES OF HOUSEHOLD-BASED CONTRACTING DISPUTES Article 5. If the relevant contractual stipulations on the taking back and adjustment of contracted land are contrary to Articles 26, 27, 30 and 35 of the Rural Land Contracting Law, these stipulations shall be determined as invalid. Article 6. The disputes arising from the contract-issuing party's illegal taking back or adjustment of the contracted land, or from contract-issuing party's taking back of the idled land of the contractor shall be handled in light of the following circumstances respectively: (1) If the contract-issuing party hasn't contracted out the contracted land to a third party and if the contractor requests to return the contracted land, the contractor shall be supported; or (2) If the contract-issuing party has contracted out the contracted land to a third party, and if the contractor specifies the contract-issuing party and the third party as joint defendants and requests to confirm their contracting contract invalid, return the contracted land and compensate for the losses, the contractor shall be supported. However, if the contractor pleads for any compensation for its idled land, its pleading shall be rejected. If the "third party" as mentioned in Item (2) of the preceding paragraph asks the beneficiary party to compensate for its reasonable investment in its contracted land, it shall be supported. Article 7. If the contracting term as stipulated in the contracting contract or as stated in the certificate of land contracting management right or in other certificate is shorter than that as prescribed by the Rural Land Contracting Law and if the contractor pleads for an extension, the contractor shall be supported. Article 8. If the contractor violates Article 17 of the Rural Land Contracting Law due to using the contracted land for a non-rural construction purpose or causing unrecoverable losses to the contracted land, and if the contract-issuing party requires the contractor to stop the infringement, resume the original status or compensate for the losses, the contract-issuing party shall be supported. Article 9. Before the contract-issuing party takes back the contracted land in accordance with Article 26 of the Rural Land Contracting Law, if the contractor has circulated its contracted land management right to a third party by way of subcontracting, lease or otherwise and if the circulation term hasn't expired, the disputes arising from the collection of circulation price shall be handled in light of the following circumstances respectively: (1) If the contractor has, once for all, charged the circulation price and if the contract-issuing party requires the contractor to refund the circulation price of the remaining circulation term, the contract-issuing party shall be supported; or (2) If the circulation price is paid by stages and if the contract-issuing party requires the third party to pay the circulation price as stipulated in the circulation contract, the contract-issuing party shall be supported. Article 10. If the contractor's returning of the contracted land doesn't conform to the procedures as prescribed in Article 29 of the Rural Land Contracting Law, the contractor shall not be determined as having voluntarily returned the contracted land. Article 11. During the circulation of contracted land management right, if any member of the collective economic organization claims priority under the same conditions for the circulation price, term and other main aspects, he shall be supported with the exceptions as follows: (1) Failing to claim the priority within the reasonable time limit as specified in the written announcement; (2) If no written announcement is made and if he fails to claims the priority within 2 months after any non-member of the collective economic organization begins to use the contracted land. Article 12. If the contract-issuing party forces the contractor to circulate the contracted land management right to a third party and if the contractor requests for determining the circulation contract concluded between the contract-issuing party and the third party to be null and void, the contractor shall be supported. If the contract-issuing party obstructs the contractor's lawful circulation of the contracted land management right and if the contractor requests for eliminating the obstruction and compensating for the damage, the contractor shall be supported. Article 13. If the contractor, without obtaining the permission of the contract-issuing party, circulates the contracted land management right by way of transfer, the transfer contract shall be null and void except that the contractor disagrees to the transfer with no statutory reason or intentionally delays expressing its stand. Article 14. If the contractor circulates the contracted land management right by subcontracting, lease, exchange or otherwise, and if the contract-issuing party pleads for determining the contract to be null and void on the ground that the contract on the circulation of the contracted land management right hasn't been submitted to it for archival purposes, the contract-issuing party's pleading shall be dismissed. Article 15. The act that the contractor mortgages its contracted land management right or offsets it against its debt shall be determined to be null and void. As to the losses resulted from the act, if the party concerned has faults, it shall bear the corresponding civil liabilities. Article 16. Where there arises any dispute due to the contractor's failure to collect the circulation price or over the stipulations on making payment to the other party, if the parties concerned negotiate to make a modification but fails to reach an agreement and if it is obviously unfair to continue to perform the stipulations, the people's court shall, in accordance with the principle of fairness, handle it in light of the objective circumstances for modification. Article 17. If the parties concerned fail to stipulate or clearly stipulate the subcontracting or time period for circulation of leased land, the case shall be handled by reference to Article 232 of the Contract Law. Except when the parties concerned stipulated otherwise, or except the contract management of forestland, the time for returning the contracted land shall be after the harvest of agricultural crops or before the next cultivation term. With regard to the investment made for enhancing the land production capacity, if the other party concerned requests the contractor to make compensation accordingly, it shall be supported. Article 18. If the contract-issuing party or any other organization or individual illegally retains, withholds any proceeds of contracting or proceeds of circulation of contracted land management right and if the contractor requests for a refund, the contractor shall be supported. If the contract-issuing party or any other organization or individual claims an offset, it shall be rejected. III. HANDLING OF DISPUTES OVER CONTRACTING IN OTHER FORMS Article 19. Where any member of the same collective organization claims the priority of contracting under the same conditions for the circulation price, term and other main contents, he shall be supported. But if he claims the priority of contracting after the contract-issuing party contracts out, upon democratic discussion procedures as provided for by the law and upon approval of the people's government of the township (town), the rural land to an entity or individual who does not belong to this collective economic organization, he shall be rejected. Article 20. Where the contract-issuing party signs 2 or more contracting contracts on the same land, and if both or all of contractors claim the contracted land management right, the case shall be handled in light of the following circumstances respectively: (1) The contractor that has been registered in accordance with the law shall obtain the contracted land management right; (2) If neither or none of them has been registered, the contractor whose contract with earlier or the earliest effective date shall obtain the contracted land management right; or (3) If it is unable to make a judgment according to the preceding 2 Items, the person who has lawfully occupied the contracted land according to the contracting contract shall obtain the contracted land management right, but the act and fact that one party first occupies the contracted land by force after the dispute has arisen shall not be regarded as a basis for determining the contracted land management right. Article 21. Where a contractor fails to be lawfully registered and obtain a certificate of contracted land management right and other certificates, but it circulates the contracted land management right by way of assignment, lease, having shares or mortgage, if the contract-issuing party pleads the court for determining the circulation as null and void, it shall be supported except that it is not due to the contractor's reason that the contractor fails to be lawfully registered and obtain a certificate of contracted land management right and other certificates. Except that the law or these Interpretations has any special provisions, when a contractor circulates the contracted land management right, it shall be handled in accordance with the relevant provisions governing the circulation of contracted land management right of household contracting. IV. SETTLEMENT OF DISPUTES OVER DISTRIBUTION OF LAND REQUISITION COMPENSATION AND INHERITANCE OF CONTRACTED LAND MANAGEMENT RIGHT Article 22. After the contracted land is lawfully requisitioned, if the contractor requires the contract-issuing party to pay it the already paid compensations for the annexes and young crops on land, it shall be supported. If the contractor has already circulated the contracted land management right to a third party by way of subcontracting, lease or otherwise, except when the parties concerned have stipulated otherwise, the compensation for young crops shall be paid to the actual investor and the compensation for the annexes on the land shall be paid to the owner of the annexes. Article 23. If the contracted land is requisitioned lawfully, and if the contracting household who gives up the uniform resettlement requires the contract-issuing party to pay it the already paid compensation for resettlement, it shall be supported. Article 24. A rural collective economic organization, committee of villagers or group of villagers may, in accordance with the democratic discussion procedures as provided for by the law, decide to distribute the already paid land compensations within this collective economic organization. If anyone, who has the qualifications for being a member of this collective economic organization when the land requisition plan is decided, requests for his share, he shall be supported unless it is otherwise provided for by any local regulation, autonomy regulation, specific regulation, local government regulation or rules regarding the distribution of land compensations within rural collective economic organizations Article 25. With regard to the contracting of forestland of household, if the inheritor of the contractor requests to continue to contract it within the contracting term, he shall be supported. With regard to the contracting in any other way, if the inheritor, or successor of the rights and obligations of the contractor requests to continue to contract it, he shall be supported. V. OTHER PROVISIONS Article 26. When trying the cases of disputes as mentioned in Article 5, Item (2) of the first paragraph and the second paragraph of Article 6 and Article 16 of these Interpretations, the people's court shall lay an emphasis on mediation. Where necessary, it may entrust the people's mediation organization to conduct the mediation. Article 27. These Interpretations shall come into force as of September 1, 2005 and shall apply to the cases of first instance accepted thereafter. If the judicial interpretations validated before these Interpretations come into force are contrary to these Interpretations, the latter shall prevail. |
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