A Study On The Damage Of Rural Women 's Land Rights And Interests In China

The over thirty years’ implementation of the rural household contract responsibility system has greatly increased China’s agricultural production in. With the increasingly faster pace of agricultural systems’ reform and urbanization, women have become the majority of agricultural labor force. For them, the land resource is both the most fundamental production material and survival necessity. However, rural women rights and interests are being seriously infringedIt is found in this thesis that there are five infringement types of rural groups suffering the most: the deprival of village-resident married women’s interests, the restriction of the women married to those urban-residence-permit-owned men’s interests, the vulnerability of the live-in sons-in-law’s interests, the damage of widows or divorced women and the children from rural family’s interests. The main forms of rights under infringement are as follows: the rights of the land contractual management, the homestead land distribution, the land compensation distribution, the share dividend, the village collective welfare and political participation. The infringement of rural women land rights and interests is characterized by three parts: the severe fact imprinted by various policies in different villages, complicated reasons caused by comparatively concentration and strong legal-rights maintenance consciousness featuring with unorganized method.We can learn from the Chinese history that the acquisition of rural women’s land property right can be divided into three stages: traditional agrarian society(before 1912), the Republic of China(1912-1949),The People’s Republic of China(after 1949).Based on the field-theory, the reasons can be paraphrased by severalperspectives. Firstly, two interest groups can be viewed as the power structure of rural field. Secondly, family patriarchy can be viewed as the habitus of rural field. Thirdly, the collective membership can be viewed as the border of rural field. Fourthly, the village regulations and non-governmental agreements can be viewed as the rule of rural field. Fifthly, laws and policies can be viewed as the external power structure of rural field.The solutions are drawn respectively: Firstly, the interest groups should be adjusted reasonably by balancing in-field power structure. Secondly, the traditional concepts and customs should be changed by optimizing habitus. Thirdly, collective membership should be defined legally by delimiting field border. Fourthly, the formal village regulations and non-governmental agreements should be established by steering legalization to field rule. Fifthly, law protection from external power should be available.