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

rovisions in the Contract Law of the People's Republic of China， bear responsibility for breach of the contract.

　　Article 57 Any circulation of the right to land contractual management by a contractor under the compulsion of an organization or individual shall be invalid.

　　Article 58 Any organization or individual that， without authorization， detains or withholds the proceeds derived from the circulation of the right to land contractual management shall return such proceeds.

　　Article 59 Any unit or individual that， in violation of the regulations on land administration， requisitions or occupies land or embezzles or misappropriates the compensations paid for the land requisitioned， which constitutes a crime， it/he shall be investigated for criminal responsibility in accordance with law； and if damages are caused to others， it/he shall bear such responsibilities as paying compensation for the damages.

　　Article 60 Where a contractor， in violation of law， uses the contracted land for non-agricultural development， the relevant competent administrative department， the relevant competent administrative department of the local people's government at or above the county level shall， according to law， impose punishment on him.

　　Where a contractor causes permanent damages to the contracted land， the party giving out the contract shall have the right to put a stop to it and to demand the contractor to compensate the losses entailed.

　　Article 61 Where a State organ or its staff member， taking advantage of its/his positions and powers， infringes upon the right to land contractual management by interfering with rural land contract， modifying or revoking a contract， interfering with the right to decision-making for production and management that a contractor enjoys according to law， or compelling a contractor to circulate his right to land contractual management or preventing him from doing so， which causes losses to the contractor， it/he shall bear such responsibilities as paying compensation for the losses； if the circumstances are serious， the organ at the next higher level or the unit the staff member belongs to shall give administrative sanctions to the persons directly responsible； and if the offence constitutes a crime， criminal responsibility shall be investigated according to law.

　　Chapter V

　　Supplementary Provisions

　　Article 62 Where， before the implementation of this Law， contracts have already been concluded in accordance with the

regulations of the State on rural land contract， including those the term of which is loner than what is provided for in this Law， such contracts shall continue to be valid after the implementation of this Law， and such land contracts shall not be renewed. Where the certificate of the right to land contractual management or the certificate of the right to forestland contractual management has not been issued to contractors， it shall be issued retroactively.

　　Article 63 Where， before the implementation of this Law， land has already been reserved， the area of such reserved land may not exceed five percent of the total area of the arable land of the collective economic organization concerned. If the area is less than five percent， the area of the reserved land may not be increased.

　　Where， before implementation of this Law， no land is reserved， no land may be reserved after the implementation of this Law.

　　Article 64 The standing committees of the people's congresses of the provinces， autonomous regions and municipalities directly under the Central Government may， in accordance with this Law and in light of the actual conditions of their administrative areas， work out measures for implementation of this Law.

　　Article 65 This Law shall go into effect as of March 1， 2003

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