Interpretation of applicable law in rural land contract dispute cases

(Fa Shi [2005] No.6)

The Interpretation of the Supreme People's Court on the Applicable Legal Issues in the Trial of Rural Land Contract Disputes was adopted by the Judicial Committee of the Supreme People's Court at its 1 346th meeting on March 29th, 2005. It is hereby promulgated and shall come into force on September 20th, 2005.

July 29(th), 2005

The Supreme People's Court held a trial.

Interpretation of applicable law in rural land contract dispute cases

According to the General Principles of the Civil Law of People's Republic of China (PRC), the Contract Law of People's Republic of China (PRC), the Civil Procedure Law of People's Republic of China (PRC), the Rural Land Contract Law of People's Republic of China (PRC) and the Land Administration Law of the People's Republic of China, combined with the civil trial practice, this law is applicable to the trial of rural land contract disputes.

I. Acceptance and litigants

Article 1 The following civil disputes involving rural land contracting shall be accepted by the people's courts according to law:

(1) Contract disputes;

(2) Disputes over infringement of contractual management rights;

(3) Disputes over the circulation of contractual management rights;

(4) Disputes over the allocation of compensation fees for contracted land;

(5) Disputes over the succession of contractual management rights.

If a member of a collective economic organization brings a civil lawsuit because he has not actually obtained the right to contracted management of land, the people's court shall inform him to apply to the relevant administrative department for settlement.

The people's court shall not accept a civil lawsuit filed by a member of a collective economic organization on the allocation of land compensation.

Article 2 If the parties voluntarily reach a written arbitration agreement, the sued people's court shall refer to the Supreme People's Court's "On the Application"

If the parties fail to reach a written arbitration agreement, one party applies to the rural land contract arbitration institution for arbitration, and the other party brings a lawsuit, the people's court shall accept it and notify the arbitration institution in writing. However, if the other party brings a lawsuit after accepting arbitration jurisdiction, the people's court will not accept it.

If a party refuses to accept the arbitration award and brings a lawsuit within 30 days from the date of receiving the award, the people's court shall accept it.

Article 3 The contractor and the contractor are the parties to a contract dispute.

The contractor mentioned in the preceding paragraph refers to the farmers who contract the rural land of the collective economic organization by household contract, and the units or individuals who contract the rural land in other ways.

Article 4 (Litigation by Representative) If there is more than one farmer member, litigation shall be conducted by a representative.

Farmers' representatives are determined according to the following conditions:

(a) the person recorded in the land contractual management right certificate;

(two) the person who has not registered according to law and obtained the certificate of land contractual management right is the signatory of the contract;

(3) Persons elected by farmers if the persons specified in the preceding two paragraphs die, lose their capacity for civil conduct or cannot bring a lawsuit for other reasons.

Second, the handling of family contract dispute cases

Article 5 If the agreement on the recovery and adjustment of contracted land in a contract violates the provisions of Articles 26, 27, 30 and 35 of the Rural Land Contract Law, the agreement shall be deemed invalid.

Article 6 Disputes arising from illegal recovery or adjustment of contracted land by the employer or recovery or abandonment of contracted land by the contractor shall be handled according to the following circumstances:

(1) If the employer fails to contract the contracted land separately and the contractor requests to return the contracted land, it shall be supported;

(2) If the contract awarding party subcontracts the contracted land to a third party, and the contractor takes the contract awarding party and the third party as co-defendants, and requests to confirm that the contracted land is invalid, return the contracted land and compensate the losses, it shall be supported. However, if the contractor gives up farming or wasteland, the claim for compensation for losses will not be supported.

If the third party in Item (2) of the preceding paragraph requests the beneficiary to compensate for his reasonable investment in the contracted land, it shall be supported.

Article 7 If the contract period stipulated in the contract or recorded in the land contractual management right certificate is shorter than the period stipulated in the Rural Land Contract Law, the contractor shall support it if it requests to extend it.

Article 8 If a contractor uses the contracted land for non-agricultural construction or causes permanent damage to the contracted land in violation of Article 17 of the Rural Land Contract Law, the employer requests the contractor to stop the infringement, restore the original state or compensate for the losses, which shall be supported.

Article 9 Before the employer recovers the contracted land according to Article 26 of the Rural Land Contract Law, the contractor has transferred the contracted land management right to a third party in the form of subcontracting or leasing, and the transfer period has not expired. Disputes arising from the collection of the transfer price shall be handled separately according to the following circumstances:

(a) the contractor has collected the transfer price in one lump sum, and the employer requests the contractor to return the transfer price for the remaining transfer period, which shall be supported;

(2) If the transfer price is paid in installments, and the employer requests a third party to pay the transfer price according to the agreement in the transfer contract, it shall be supported.

Article 10 If the contractor returns the contracted land that does not conform to the procedures stipulated in Article 29 of the Rural Land Contract Law, it shall not be deemed as voluntary return.

Eleventh in the transfer of land contractual management rights, members of collective economic organizations claim priority under the conditions of the same transfer price, transfer period and other main contents, and should be supported. Except in the following cases:

(1) Failing to claim priority within a reasonable period of written publicity;

(two) without written publicity, the people outside the collective economic organization did not put forward the priority claim within two months after they began to use the contracted land.

Article 12 If the employer forces the contractor to transfer the land contractual management right to a third party, and the contractor requests to confirm that the transfer contract signed with the third party is invalid, it shall be supported.

The employer shall prevent the contractor from transferring the land contractual management right according to law, and the contractor shall support it if it requests to remove the obstruction and compensate for the losses.

Thirteenth contractors without the consent of the employer, unauthorized transfer of its land contractual management rights, the transfer contract is invalid. However, the employer cannot give reasons for not agreeing or delaying the declaration.

Article 14 If the contractor transfers the land contractual management right by subcontracting, leasing, exchanging or other means according to law, and the employer requests to confirm that the land contractual management right transfer contract is invalid only because it has not been reported for the record, it will not be supported.

Article 15 If a contractor mortgages or pays off debts with his land contractual management right, it shall be deemed invalid. If the parties are at fault for the losses caused thereby, they shall bear corresponding civil liabilities.

Article 16 If a dispute arises over the agreement that the contractor does not charge the transfer price or pay the fees to the other party, and the parties fail to reach an agreement on the change through consultation, and the performance is still in obviously unfair, the people's court may handle it according to the objective situation of the change and follow the principle of fairness.

Article 17 If the time limit for the transfer of subcontracted or leased land is not stipulated or clearly stipulated by the parties, it shall be handled with reference to the provisions of Article 232 of the Contract Law. Unless otherwise agreed by the parties or the forest land contractor, the contracted land shall be returned after the end of the crop harvest period or before the start of the next farming period.

If the other party requests the contractor to give corresponding compensation for the investment in improving the land production capacity, it shall be supported.

Eighteenth the employer or other organizations and individuals without authorization to intercept or withhold the contracted income or land contractual management rights transfer income, the contractor requests to return, should be supported.

If the employing unit or any other organization or individual advocates offset, it shall not be supported.

Third, other ways to deal with contract disputes

Nineteenth members of this collective economic organization claim the right of priority in the case of the same contract fee, contract period and other main contents, which should be supported. However, if the employer contracts the rural land to units or individuals other than the collective economic organization, and after the democratic agreement procedures stipulated by law, and after the approval of the township (town) people's government, it advocates priority contracting, it will not be supported.

Twentieth the employer signed two or more contracts on the same land, and the contractors all claimed to obtain the right to contracted management of land, which shall be dealt with separately according to the following circumstances:

(a) the contractor registered according to law has obtained the right to contracted management of land;

(two) not registered according to law, the contractor of the previous contract has obtained the right to contract and operate the land;

(3) If it cannot be determined in accordance with the provisions of the preceding two paragraphs, the person who legally occupies and uses the contracted land has obtained the right to operate the contracted land, but the act and fact that one party forcibly occupies the contracted land after the dispute occurs shall not be used as the basis for determining the right to operate the contracted land.

Article 21 The contractor fails to register and obtain the land contractual management right certificate according to law, that is, the land contractual management right is transferred by means of transfer, lease, shareholding, mortgage, etc. , and the employer requests to confirm that the transfer is invalid, it shall be supported. However, it is not because of the contractor that the land contractual management right certificate has not been registered.

Unless there are special provisions in the law or this interpretation, the contractor's transfer of land contractual management rights shall be handled in accordance with the provisions on the transfer of household contracted land contractual management rights.

Four, the distribution of land expropriation compensation fees and the handling of disputes over the inheritance of land contractual management rights.

Twenty-second contracted land is expropriated according to law, and the contractor requests the employer to pay the compensation fees for attachments and young crops on the ground that have been received, which should be supported.

If the contractor transfers the contracted management right of land to a third party by subcontracting or leasing, the compensation for young crops shall be owned by the actual investor and the compensation for ground attachments shall be owned by the owner of the attachments, unless otherwise agreed by the parties.

Twenty-third contracted land is expropriated according to law, and family contractors give up unified resettlement and request the employer to pay the resettlement subsidies they have received, which should be supported.

Twenty-fourth rural collective economic organizations or villagers' committees and villagers' groups may decide to distribute the land compensation fees received within their collective economic organizations in accordance with the democratic consultation procedures prescribed by law. When the land acquisition compensation and resettlement scheme is determined, it already has the membership of the collective economic organization and requests to pay the corresponding share, which should be supported. However, the local regulations, autonomous regulations, separate regulations and local government regulations that have been reported to the National People's Congress Standing Committee (NPCSC) and the State Council for the record have other provisions on the distribution of land compensation fees within rural collective economic organizations.

Twenty-fifth forest land household contract, the contractor's successor requests to continue the contract within the contract period, should be supported.

If the contract is contracted by other means, if the successor or successor of the contractor requests to continue the contract within the contract period, it shall be supported.

Verb (abbreviation of verb) other clauses

Article 26 The people's court shall give priority to mediation in handling disputes involving Article 5, Paragraph 1 (2), Paragraph 2 and Article 16 of this Interpretation. When necessary, people's mediation organizations may be entrusted for mediation.

Twenty-seventh this interpretation shall come into force as of September 6, 2005. The provisions of this interpretation shall apply to cases of first instance accepted after implementation.

If the judicial interpretation that has taken effect before implementation is inconsistent with this interpretation, this interpretation shall prevail.