The Protection Of Rural Devoiced Women's Rights And Interests

The protection of women'rights is an important criterion to balance the civilization and improvement degree of one state or country. As an agricultural state, the rural population is a majority in China, it is an emphases to protect the rural women'rights. With the incessant increasing of the rural divorce cases, the protection of rural divorced women'rights more stand out than before. Because of the relevant rights belong to rural divorced women have not been protected properly, which resulted in living crisis of the rural divorced women immediately, restricted their marriage liberty, as well as developed the birth activities of regarding male but despising female. Furthermore, it produced many unprecedented causes, and made great negative influence on the construction of socialism new country and harmonious society.The disposal of rural divorce cases connected with many women'rights, such as the right of family and marriage, the right of property, the right of personality. Nowadays, the right of contracting land, the right of divorce damage compensation, and the right of visiting children were more necessarily to be protected than others on these rights belong to rural divorced women.As an unsolved intractable problem, the right of contracting land is related to rural women'living immediately. At present, there are a great deal of rural divorced women who have been confronted with the crisis of having no land to cultivate, because the villages which their husband lived in might withdraw the land they have contracted compulsorily according to the country rules after they divorced, as well as the villages they were born in have taken back they contracted land for their registered permanent residence was not attached to probably. The reasons to explain why the rural divorced women'right of contracting land was infringed frequently as follows: firstly, under the culture tradition of the structure of father-power society and the male-power ism culture, as a vulnerable group , the women have been located in fringed position, and have no or out-of-the-way to possess of property right. Secondly, the law and policy were not perfect, and the relative rules in defect of maneuverability. Aim at these problems, we must to improve the relative rules which legislated in the marriage law, the women'right protection law, and the contracting land law, as well as the judicial system, which include mainly the case registration maneuver, the enforcement measures. At the last, we suggest to stipulate the public land system, and develop the register system etc.Female side as a majority of victims on rural divorce damage generally, especially under the environment of the family violence as a common phenomenon, but there were few victims who have instituted a divorce damage compensation procedure, fewer have gotten the compensation. The reasons to explain include: low culture qualities and lack of right consciences, the quote requirements on victims were too high, the enforcement of divorce damage compensation with many difficulty, etc. As a result, we must improve the marriage law, enlarge the damage compensation scope, and the third partier should be stipulated to take the common infringement responsibility, as well as reduce the non-fault quote burden and push the fault deduce principal.Because the right of visiting children belongs to was always prevented irrationally, the sentence enforcement has great difficulties; the right of visiting their children almost can not be realized. Firstly, we must improve the legislation, enlarge the assistant scope, and clear the condition of stopping visiting children right. Secondly, the system of spirit damage compensation should be introduced, award women with the right to institute spirit damage compensation procedure when they visiting children right has been infringed, then increase the degree of punishment. Thirdly, improve the enforcement system, ensure the realization of the right of rural divorced women maximally.