China's legislation facilitates farmers to solve disputes over land contract management

Source: Internet
Author: User
Keywords Arbitration law
Xinhua Beijing, June 27, "The People's Republic of China rural Land contract management dispute mediation and arbitration Law" 27th by the ninth National People's Congress of the nineth meeting of the vote, will be implemented on January 1, 2010.  This law will maximize the convenience of farmers to solve rural land contract disputes.  In order to solve the contradictions and disputes in the grass roots, dissolve in the embryonic state, the rural land contracted management dispute mediation and arbitration law has clarified the use of mediation, arbitration "two channels" to resolve the dispute principle. Once the rural land contract management disputes occur, the parties can reconcile themselves, can also request the Village committee, Township (town) People's government and other mediation.  The villagers committee or township (town) People's Government shall fully listen to the parties ' statements of facts and reasons, explain the relevant laws and policies, patiently guide the parties to reach an agreement. If the parties conciliation, mediation fails or unwilling to reconcile, mediation, can also apply to the rural Land Contract Arbitration Commission for arbitration.  After entering the arbitral proceedings, the arbitral tribunal shall try to mediate whenever it is able to mediate. The law allows the party to sue the people's Court for not being satisfied with the arbitral award.  This will give the parties more ways to resolve the dispute. From the convenience of farmers, the dispute mediation and arbitration law of rural land contract management has been simplified in arbitration procedure. If the parties apply for arbitration, they may send the application by mail or entrust to others, and the written application is difficult and can be applied orally.  If the parties in writing have difficulties in pleading, they also allow oral replies. The arbitration law stipulates that the arbitration shall be held in court. At the request of the parties, the court in the township (town) or village shall be held in the township (town) or village.  In the course of the trial, the parties are not familiar with the local common language, the Arbitration Committee should also provide translation.  In addition, the rural land contracted management dispute mediation arbitration Law expressly stipulates that the arbitration shall not be charged to the parties, the relevant work funds into the budget to protect. The Rural land family contract management is the basic management system of Chinese countryside, which plays an important role in promoting the development of agriculture in China.  In recent years, with the acceleration of urbanization and the increase of national policies for benefiting farmers, the peasants ' awareness of land rights has increased, and the disputes of land contract management have been developing more and more. Since the 90 's, some places have tried to mediate disputes by way of arbitration. 2004, the Ministry of Agriculture also embarked on a nationwide dispute arbitration trial. However, due to the absence of specific laws and regulations, there are some problems in the setting up of arbitration institution, the procedure of arbitration and the enforcement of arbitral awards.
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