Land Contract And Management Rights Of Rural Women In The Legal Protection Of The Study

Land is the most basic means of production and living for peasants, the economic rights that peasants concern most is the land contract and management rights. Just like rural men, rural women are the main part of the agricultural production and operation, have equal rights in the collective economic organizations. strengthening rural women'land contract and management rights by the legal protection is a basic principle and an important content, and also affects social stability and development of rural areas. However, because of imperfect legislation, unified law enforcement, social prejudice, their own weakness, in reality, when a marriage change (including marriage, divorce, remarry and widowers), women'land contract and management rights would injure seriously, strengthening rural women'the land contract and management rights by the legal protection is always one of the important task in china's rural land reform and construction of the new countryside. This article will be on the basis of the existing legislation and theoretical research, with the main line of women'the land contract and management rights by the legal protection when a marriage change, employ multiple study ways to clarify the legal protection and build legal system for women'the land contract and management rights by the legal protection. This article is composed by five chapters.The first chapter, introduction. Base on the defining the concept of land contract and management rights, reviewing of existing research and analysis, point out the research that strengthening rural women'the land contract and management rights by the legal protection, which play a significant role in promoting the development and improvement of the legal system, maintaining rural stability and promoting rural women'right of subsistence and property.The second chapter, stipulate of rural women' the land contract and management rights by the legal protection and its defects. our constitution, law on land contract in rural areas, Law on Protection of Women's rights and other laws, regulations, judicial and the party's policy have made clear provision for rural women'the land contract and management rights and played an important role, however, there are also existing some problems, such as decentralization of legislation, high-principled, which define the main body of the land contract and management is "peasant household ", not person, lack the rule of law and relief when regulations of the countryside injure women'the land contract and management rights.The third chapter, types analysis of rural women'the land contract and management rights by the legal protection. This chapter use type analytical methods, makes detailed analysis of the legal protection of the land contract and management rights, inheritance of the land contract and management rights and other economic interests when women married, divorced and widowed.The forth chapter, the legal nature and division of land contract and management rights. This article makes detailed analysis of the collective economic organizations members'right to property and family property of land contract and management rights, points that when marriage relationship changes, to make a division of land contract and management rights has necessity and practicability, in particular, we can take several kind of division, like physical partition, discount compensation and so on, to protect rural women 'the land contract and management rights from injure.The fifth chapter, some countermeasures of strengthening rural women' the land contract and management rights by the legal protection, which include enhancing publicity and education, improving law awareness of the rural women and the villagers and gender awareness of executive, confirming the act that regulation of countryside injure rural women'the land contract and management rights invalid; establishing rights remedies, including the obligatory claims and the creditor claims, and dispute settlement mechanism of the land contract and management rights which includes reconciliation, mediation, arbitration and litigation, to ensure when the land contract and management rights injures, rural women would have a timely and effective legal remedies.