What are the relevant laws for the mediation of disputes over rural land contracting?

Legal Analysis: The Law of the People's Republic of China on Mediation and Arbitration of Rural Land Contracting and Operation Disputes is formulated to resolve rural land contracting and operation disputes in a fair and timely manner, safeguard the legitimate rights and interests of the parties, and promote rural economic development and social stability. Limb Wu Mountain.

Legal basis: Law of the People's Republic of China on Mediation and Arbitration of Rural Land Contracting and Operation Disputes Article 2 This Law shall apply to the mediation and arbitration of rural land contracting and operation disputes.

Disputes over rural land contracting include:

1) Disputes arising from the conclusion, performance, modification, dissolution and termination of rural land contracts;

2) Disputes arising from the subcontracting, leasing, swapping, transfer, or shareholding of rural land contracting and management rights;

3) Disputes arising from the resumption or adjustment of contracted land;

4) Disputes arising from the confirmation of rural land contracting and management rights;

5) Disputes arising from infringement of the right to contract rural land through oranges;

6) Other disputes over rural land contracting and operation as provided for by laws and regulations.

Disputes arising from the expropriation of collectively-owned land and its compensation are not within the scope of acceptance by the Rural Land Contract Arbitration Commission, and may be resolved through administrative reconsideration or litigation.

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According to the "Opinions on Strengthening the Construction of the Grassroots Rural Land Contract Mediation System", mediation may be conducted with reference to the following procedures: Where the parties apply for mediation, the village group or township and township rural land contract mediation committee shall mediate; Rural land contract mediators can also take the initiative to mediate; The mediation is conducted by 1 2 mediators. The mediator shall fully listen to the parties' statements, explain the relevant laws, regulations and national policies, patiently guide the parties to negotiate on an equal footing, understand and make concessions, and reach a mediation agreement.

Where the person in question requests an investigation and evidence collection, the mediator may proceed; The mediator shall, on the basis of the agreement reached by the parties, draft a mediation agreement in accordance with law. If the parties request the drafting of a mediation agreement after settlement, the mediator may draft a mediation agreement with the signature, seal or fingerprint of both parties, and take effect after being signed by the mediator and affixed with the seal of the mediation organization. If mediation fails, the mediator shall inform the parties that the dispute can be resolved through arbitration, litigation or other means; The mediator shall file and file the basic information of both parties, the content of the dispute, the investigation and evidence collection, the record of the mediation situation, the mediation agreement and other materials.

Rural land contract disputes are mediated by the village, and the villagers' committees and township people's ** mediation may be requested, and the staff shall conduct on-site investigations, organize parties to banquet and bridge reconciliation, and prepare a written mediation document; If no agreement is reached through mediation, a lawsuit may be filed with the people's court on the content of the dispute, and the court shall conduct pre-trial mediation in accordance with the principles of equality, mutual benefits, and consensus, and if the negotiation and mediation fail, a judgment shall be heard and issued in accordance with law.

[Legal basis].

Article 14 of the Land Administration Law.

Disputes over land ownership and use rights shall be settled by the parties through negotiation; If the negotiation fails, it will be handled by the people. Disputes between units shall be handled by the people at or above the county level; Disputes between individuals and between individuals and units shall be handled by the people at the township level or at or above the county level. Where parties are dissatisfied with the disposition decision of the relevant people, they may file a lawsuit with the people's court within 30 days of receiving the notice of the disposition decision.

Before the dispute over land ownership and use rights is resolved, neither party shall change the status quo of land use.

Article 122 of the Civil Procedure Law.

Where a party sues a civil dispute in a people's court and it is appropriate to mediate, mediation is to be conducted first, except where the parties refuse to mediate.

Article 142.

At the conclusion of courtroom debate, a judgment shall be made in accordance with law. Where mediation is possible before the judgment is made, mediation may also be conducted, and where mediation fails, a judgment shall be made in a timely manner.