Provisions of the Supreme People's Court on some issues concerning the agricultural contract dispute cases (for Trial Implementation)

Provisions of the Supreme People's Court on some issues concerning the agricultural contract dispute cases (for Trial Implementation)

(by the Supreme People's Court on June 5, 1999 the 1066th meeting of the judicial committee)
Interpretation (1999) No. 15

In order to correctly, hearing the agricultural contract dispute cases in a timely manner, protect the lawful rights and interests of the parties, to promote
The household contract management as the basis, the double management system of continuous improvement and development, rural economic system
The deepening of reform, to maintain sustained and steady development of agriculture and rural economy, according to the relevant laws, regulations and policies
Fixed, in combination with the judicial practice, the provisions are formulated.

A, accepting and jurisdiction

The first agricultural contract by the parties contract dispute to the people's court, the people's court
Shall accept.
Article second the employer belongs to more than half of the villagers, to sign a contract in violation of the people's Republic of land "
Democratic principles "and" land management law of the people's Republic of China Law of Villager Committee Organization Law "and so on, or
The contract will damage the content violates the most villagers, collective and villager interest grounds, to the employer for the defendant,
Litigation validity requires confirmation of the contract, the people's court shall accept the case according to law, and may also notify the Contractor as
Third people to participate in the proceedings.
Article third the agricultural contract disputes, the contract performance of jurisdiction or the people's Court of the place where
.
Fourth common contract number, shall elect a representative litigation. Common contractor elected not generation
Table of people, by the people's court representative list, common contractor consultation, the consultation fails, the people's law
Hospital designated representative in common contractor in.
Litigious representative of all of the joint force of the contractor, but representative change, please give up litigation
Reconciliation litigation request, for or recognizing the other party, it must obtain the consent of the parties.
Article fifth the agricultural contract after signing the contract, the contract letting party agreed, the contractor to increase contractor, new bearing
Package can be used as a litigant. The party knows or ought to know the increase of the contractor, but in six months without
Objection, as approved by the employer to the fact, the new increase of the contractor may as a litigant.

Two, the trial of the case

The Sixth People's court hearing the agricultural contract dispute cases, should be followed in accordance with the relevant laws, regulations, dimension
Support rural policy stability, and promoting rural economic development, protect the legitimate rights and interests of farmers' principle.
Article seventh the people's court for the agricultural contract dispute cases shall be handled in accordance with the law, timely, as soon as possible. Due to the
The dispute may affect the production, can be ruled to resume production; the contractor to resume production difficulties or refuse
The resumption of production, by the employer shall be responsible for the organization to resume production, to restore the production costs borne by the fault side
.
Article eighth the people's court in the trial of cases of disputes over agricultural contract, the contractor agreed on the contract
Obligations, provided more than the relevant laws, regulations and policies, the exceeding part is not protected.
The provisions of the preceding paragraph shall not apply to professional contracting and bidding and contracting agricultural contract dispute cases.
Article ninth the agricultural contract, contract amount to or pay contracts gold proportion or range is not agreed or the
The agreement is not clear, the people's court to ascertain the facts, clearly define the responsibilities of the foundation hosted parties for mediation
. If the parties are unwilling to conciliation or mediation fails, in accordance with the provisions of article eighth treatment.
Article tenth the parties under the agreed repayment agreement or contract gold and direction of the employer issue IOUs, a
Like debt disputes shall be handled in accordance with. However, the repayment agreement or contract amount of IOUS in an unknown or
The parties have disputes on the amount owed the contractor, shall be handled in accordance with the agricultural contract dispute cases.
Article eleventh the people's courts in the trial involves contracting barren hills, barren, barren hills, wasteland of agricultural contract
In case of disputes, the forest and the harvest of the contractor planted fruit ownership and due to control soil erosion and the new
The land use rights, should be protected.
Article twelfth the contractor because of contracted land is requisitioned or approved for use in accordance with the law, require the
Party in accordance with the provisions of relevant laws, regulations or requirements of the employer shall compensate the actual input for the improvement of land to
To appropriate compensation, the people's court shall support.
Article thirteenth for a professional contract or tender contract contractor, to the original contract in the contract expires
The subject matter that priority under the same conditions contracted management rights, the people's court shall protect.

Three, the transfer of rights and obligations

Article fourteenth the contractor without the consent of the employer, the transfer contract, subcontract or swap contract object
, the people's court shall decide the transfer, transfer, exchange act is invalid.
Article fifteenth the contractor transfer contract, subcontract or swap contract subject matter, in violation of "the people
The people's Republic of China Land Management Law "about" land collectively owned by farmers away from the collective economic organizations or the units
Individual contracting business, must be approved by the villagers meeting more than 2/3 of the members or over 2/3 of the villagers' representatives
, and submitted to the township (town) people's Government approved the "Regulations of the people's court shall determine its, transfer, subcontract, swap lines
Invalid.
Sixteenth within the validity period of the contract, the employer compulsory contracting party transfers the right to the contracted management of Compulsory Contracting Party
Transfer or exchange of contracted management of subject matter, the people's court shall decide the transfer, transfer, exchange act is invalid
.
Article seventeenth the Contractor by the employer agreed, the contracted management of subject matter in whole or in part to any third person
Between the contractor and the employer, still should be in accordance with the original contract agreed to exercise their rights and obligations.
Between the contractor and sub contractor to subcontract the contract rights and obligations.
Article eighteenth the people's court for contractor use has been made of the right to the contracted management of land to meet debts, shall be determined as
The act is invalid.
Article nineteenth the transfer of contracted management rights transfer fees than the high part of the government, the people's law
School is not protected.
Article twentieth of the contract letting party agreed, the contractor will each contracting of the subject matter in whole or in part
For swap, and agreed to the appropriate compensation for unequal value part, the people's court shall support.
Article twenty-first the contractor in accordance with the provisions of laws, regulations and policies, to the contracted management of subject matter in,
Still in accordance with the contract agreed to the employer, the exercise of rights and obligations, the people's court shall permit.

Four, in the modification and termination of contracts

Gold contract agreed twenty-second of the contract, in accordance with the provisions of laws, regulations and policies, the people's law
Hospital should be protected. On the parties request to change the contract payment, shall not support.
Article twenty-third contract the parties to a contract may occur on matters arising from the change of contract agreed
The people's courts in the trial, the agricultural contract dispute cases, from its agreement.
Article twenty-fourth in any of the following circumstances, the parties request to terminate the contract, the people's court shall permit:
(1) the fulfillment of the conditions agreed in the contract of contract termination or rescission of the contract;
(2) the contractor in the contract period due to health reasons lost contract ability or death, heir to the contract or
To inherit, and not to transfer, subcontracting and shares;
(3) as one party does not fulfill the obligations stipulated in the contract, the contract is unable to continue to perform;
(4) the contracted management of land contractor abandoning;
(5) the contractor to perform destructive or predatory production and management, the contract letting party dissuaded invalid;
(6) the contractor land use change arbitrarily, the contract letting party dissuaded invalid.

Five, assume responsibility

Article twenty-fifth the people's courts in the trial in accordance with the provisions of article second of the prosecution of the case, to the Employer against the collective
Economic organizations or members of assembly members of Congress resolution, ultra vires contract, the contract shall be regarded as invalid
According to the contract, and the fault of the parties to determine the corresponding responsibility, should assume its.
Belonging to the provisions of the preceding paragraph cases, more than one year from the date of signing the contract, or is not more than one year,
But the contractor has done a great deal of practical input, the plaintiff asked to confirm that the contract is invalid or termination
The contract of the contract, the people's court shall not support. But according to the actual situation, in accordance with the principles of fairness, the contract
The relevant content and adjust.
Article twenty-sixth contracting subcontracting, due to the contractor, the sub contract can not perform, to subcontract
After the losses caused by the contractor, sub contractor contractor after the prosecution, the people's court may notify the employer as
To participate in the proceedings for third people, and according to the fault, determine the corresponding responsibility should bear.
Article twenty-seventh contracting subcontracting, subcontracting for reasons after the contractor, which is unable to perform the contract
The employer contractor, prosecution, the people's court may notify the sub contractor as after third people to participate in the lawsuit, and
According to the fault, determine the corresponding responsibility should bear.
Article twenty-eighth for the contractor to randomly change the land use or for contractual subject matter to be destructive or
Predatory production and management, the employer requires the contractor to compensate the losses caused, the people's court shall support
Hold.
Article twenty-ninth the contracted period due to natural disasters, or due to the Contractor's outside of themselves, resulting in contract
To pay fees is difficult, the request of the contractor to postpone, reduce or exempt contracting gold, the people's court may, according to the actual
Situation, allow the contractor postponement, reduction or exemption of the contractor.
Article thirtieth to perform during the contract, the contractor household, the family was contracted management right
Service failed to reach an agreement, or although there is agreement, but in household ways to evade obligations to fulfill contract, damage hair
The Contractor's interests, between the family, to contract the obligations, shall bear joint and several liability.
Article thirty-first personally sign the contract, but the main part of the contracted management income proof
For family members to enjoy, should bear the responsibility to the family property.
Thirty-second common contractor withdraw from the contract, should be enjoyed and shared the contracted period contract
The rights and obligations of the agreement.
For general contractor withdraw from the contract, to the employer or other contract losses, contracting party or its
He is the contractor for compensation, the people's court shall support.
Article thirty-third the parties in the contract agreed in the contract the responsibility of breach of contract, and the penalty for breach of contract, or the proportion of the amount of
Content calculation methods agreed clear, from its agreement. But the breach of contract or excessively higher than the
The loss of the people's court shall, at the request of a party and the actual situation appropriate to reduce or increase.
The parties in the contract is not agreed liquidated damages, does not have the right to request payment of liquidated damages.
Article thirty-fourth the contractor is husband and wife, during the dissolution of marriage to fulfill the contract, the contract
Battalion of the rights and obligations without agreement, and both parties have the business subject qualification contract, the people's court in the process from its
The divorce cases, should be in accordance with the family, the elderly alimony, custody of minor children specific circumstances, the bearing
Package management right segmentation.

Six, other

Article thirty-fifth the term agricultural contract, including contract in written form, oral contract, task book
To prove, and other contractual legal relationship of facts and documents.
Article thirty-sixth the term refers to the employer, the rural collective economic organizations or villagers' groups, village
Collective economic organizations or villagers committees, township (town) rural collective economic organizations.
Article thirty-seventh the term refers to the contractor, contractor according to the contract agreed to pay the employer
Money, real or shall perform services.
Thirty-eighth the provisions shall apply to the development, management and use of natural the collective economic organizations of the
Resources and other assets, and shall obtain the right to use the resources of the country, signed by the contractor and contract, to
Transfer, signed by and between each contractor's subcontracting and swap contract the subject matter of the contract.
Thirty-ninth people's court in the trial of professional contracting and bidding and contracting agricultural contract dispute cases, in addition to
Apply the relevant provisions of this regulation, shall also be treated in accordance with the provisions of contract is the relevant laws, regulations and policies
.
Fortieth the provisions from the date of trial, the Supreme People's Court on April 12, 1986 issued "on the
Several issues concerning the trial of dispute cases contract rural contracted opinion "abolished at the same time.