Land Contract And Management Rights Of Rural Women Protection Research

The system of the right of rural land contracting has been implemented since the1980s, it not only motivated farmers initiatives in agricultural production, but also shifting the productivity in farming, and in this way it helped our agriculture and the rural economy development gained the success that attract worldwide attention. However, during the years of practice on the system of the right of rural land contracting, it has also revealed out a series of problems, and in all of these problems rural women's right of land contracting has attracted more attentions, and it has been the social problem that effects our country's rural social harmony and stability.Firstly, this thesis made a comprehensive exposition of the current relevant laws and regulations about protecting rural women's right of land contracting by the way of normative analysis. And then, based on related survey data, it elaborated rural women's right of land contracting suffers the violation the present situation, and according to the main types of the right infringement the thesis dwelt on the actual situation of violating the land contractual management right that belongs to "an unmarried female""married daughter""divorced women" and "widowed women". Although our country has made special provisions to protect the rural women's right of land contracting, these laws and regulations are not effectively implemented in practice. The problem of protecting the rural women's right of land contracting is still a legal issue to be resolved. Secondly, in this thesis, we use the method of normative analysis and empirical research further elaborated the legal causes of the violation on rural women's right of land contracting. Which mainly include:the contradictions and lack of relevant laws and regulations, which specific means the subject of the land contractual management right is not defined clearly, the lack of qualification standard to confirm the member of the collective economic organizations, and power relations between the internal members of the farmer are fuzzy; the conflicts between village rules and national laws; the channel of judicial remedy is not free.Finally, in this thesis, combined with the legal causes of the violation on rural women's right of land contracting, we targeted to legal consider and explore the protection of rural women's right of land contracting in the following five aspects by the way of normative analysis and empirical research. First, clearly define the dominant position of rural women's land contract and management right; second, establish qualification standard to confirm rural women accept the membership of the collective economic organizations; third, clearly define the relationship between the internal members of the farmer is quasi co-ownership; fourth, perfect "village rules" legality review mechanism; fifth, free the judicial remedy channels that aim to protect rural women's land contract and management right.