中华人民共和国农村土地承包法 Law of the Peoples Republic of China on Land Contract in Rural Areas

the right to land contractual management shall be decided on by the two parties through consultation. Proceeds derived from the circulation shall belong to the contractor， which no organizations or individuals may retain or withhold without authorization.

　　Article 37 Where the right to land contractual management is circulated by means of subcontract， lease， exch

ange， transfer or by other means， the two parties shall conclude a written contract. Where transfer is adopted for circulation， the matter shall be subject to consent by the party giving out the contract； and where subcontract， lease， exchange or other means is adopted for circulation， the matter shall be reported to the party giving out the contract for the record.

　　In general， the contract for the circulation of the right to land contractual management shall include the following clauses：

　　（1） the names and domiciles of the two parties；

　　（2） the name， location， area and quality grade of land concerned；

　　（3） the term of circulation and the dates of beginning and end；

　　（4） the purpose of use of the land concerned；

　　（5） the rights and obligations of the two parties；

　　（6） the price for the right circulated and the method of payment； and

　　（7） liabilities for breach of the contract.

　　Article 38 Where the parities to the circulation of the right to land contractual management by means of exchange or transfer request registration， they shall apply for registration to the local people's government at or above he county level. If he above is not registered， no one may oppose the third party acting in good faith.

　　Article 39 The contractor may， within a certain period of time， subcontract or lease part or all of the right to land contractual management to the third party， but the contractual relationship between the contractor and the party giving out the contract shall remain unchanged.

　　Where the period in which the contractor lets another person do farm work on his behalf does not exceed one year， a written contract may be dispensed with.

　　Article 40 Contractors may， for the convenience of farming or for their own needs， exchange between themselves their right to contractual management of the land belonging to the same collective economic organization.

　　Article 41 Where a contractor has a stable non-agricultural occupation or a stable source of income， he may， with the consent of the party giving out the contract， transfer the total or part of his right to land contractual management to another peasant household engaged in agricultural production and management， and this peasant household shall establish a new contractual relationship with the party giving out the contract， thereupon the contractual relationship on this land between the former contractor and the party giving out the contract is terminated.

　　Article 42 For the purpose of developing the agricultural economy， the contractors may， of their own free will， jointly pool their rights to land contractual management as shares to engage in cooperative agricultural production.

　　Article 43 Where the contractor makes investment in his contacted land and thus increases the productive capacity of the land， he shall have the right to obtain an appropriate compensation when his right to land contractual management is circulated according to law.

　　Chapter III

　　Contract by Other Means

　　Article 44 The provisions in this Chapter shall be applicable to such land in the rural areas as barren mountains， gullies， hills and beaches which are not suited to household contract but are contracted through bid invitation， auction， public consultation， etc.

　　Article 45 Where rural land is contracted by other means， a contract shall be concluded. Matters such as the rights and obligations of the parties and the term of contract shall be determined through consultation by the two parties. Where land is contracted through bid invitation or auction， the contracting fees shall be determined through public competitive bidding and competitive pricing； and where land is contracted through public consultation， etc.， the contracting fees shall be determined by the two parties through discussion.

　　Article 46 Barren mountains， gullies

， hills and beaches may directly be undertaken for contractual management by such means as bid invitation， auction and public consultation， or may also be undertaken for contractual management or for joint-stock cooperative management after the rights to land contractual management are converted into shares and distributed to the members of the collective economic organization concerned.

　　Persons who enter into contracts for barren mountains， gullies， hills and beaches shall abide by the provisions of the relevant laws and administrative rules and regulations， prevent soil erosion and protect the ecological environment.

　　Article 47 Where rural land is contracted by other means， under equal conditions， the members of the collective economic organization concerned shall have the priority to undertake the contract.

　　Article 48 Where the party giving out contracts gives out the contracts for rural land to units or individuals other than the ones of the collective economic organization concerned， the matter shall first subject to consent by not less than two-thirds of the members of the villagers assembly， or of the villagers' representatives， of the collective economic organization concerned and it shall be submitted to the township（town） people's government for approval.

　　Where units or individuals other than the ones of the collective economic organization concerned undertake contracts， the contracts shall be concluded only after examination of the credit position and management capability of the contractors.

　　Article 49 Where a person enters into a contract for rural land through bid invitation， auction or public consultation and， after registration according to law， obtains the certificate of the right to land contractual management or the certificate of the right to forestland contractual management， his right to land contractual management may， according to law， be circulated though transfer， lease， pooling of rights as shares， mortgage or other means.

　　Article 50 Where the right to land contractual management is obtained through bid invitation， auction or public consultation and when the contractor is dead， the benefits derived from the contract which are due him shall be inherited in accordance with the provisions of the Succession Law； and within the term of contract his successor may continue to execute the contract.

　　Chapter IV

　　Settlement of Disputes and Legal Responsibility

　　Article 51 Where dispute arises over the contractual management of land， the two parties may settle the dispute though consultation and may request the villagers assembly or the township（town） people's government to help settle the dispute though mediation.

　　Where the parties are not willing to have it settled through consultation or mediation or consultation or mediation is not successful， they may apply to an arbitral body in charge of rural land contracts for arbitration， or directly bring a suit in the People's Court.

　　Article 52 Where the parties are not satisfied with the arbitral ruling made by the arbitral body in charge of rural land contracts， they may bring a suit in the People's Court within 30 days from the date they receive the ruling in writing. If they fail to file a suit before expiration of the prescribed time limit， the written ruling shall thereupon become legally effective.

　　Article 53 Any organizations or individuals that infringe upon the contractor's right to land contractual management shall bear civil responsibility.

　　Article 54 Where the party giving out the contract commits one of the following acts， it shall bear such civil responsibilities as desisting from the infringement， returning the original articles， restoring the original state， forestalling damages， eliminating dangers and compensating losses：

　　（1） interfering with the right to decision-making for production and management enjoyed by a

contractor according to law；

　　（2） taking back or readjusting the contracted land in violation of the provisions of this Law；

　　（3） compelling a contractor to circulate his right to land contractual management or preventing a contractor from doing so；

　　（4） circulating the right to land contractual management by compelling a contractor to give up or modify his right to land contractual management on the pretext that the minority is subordinate to the majority；

　　（5） taking back the contracted land by reason of the need to divide the land into “grain rations fields” and “responsibility fields” in order to contract out the land though bid invitation；

　　（6） taking back the contracted land to pay off its debts；

　　（7） depriving women of the right to land contractual management that they enjoy according to law or infringing on such right； and

　　（8） other acts infringing upon the right to land contractual management.

　　Article 55 Any agreements in a contract concluded against the will of a contractor or in violation of the relevant compulsory provisions of laws and administrative rules and regulations against the taking back and readjusting of the contracted land shall be invalid.

　　Article 56 Where a party fails to perform the obligations in a contract or the obligations it performs are at variance with the ones agreed upon， it shall， in accordance with the p

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