On The Legal Protection Of Chinese Rural Women’s Land Rights

Women with the land rights of marriage in change and change, women with landrights marital status produces corresponding change. Compared with men, ruralwomen lack of land rights should guarantee, or land rights and interests of ruralwomen have no "security". Safety is the land ownership rights, the rights of relativestrength holding duration and rights of the assurance of perception. Land holders orusers have land property rights and the more power, have the right, the longer thetime of property rights in holding predictability is stronger, the property right as safe,on the contrary, the property right is not safe. The rural women’s land rights lack of"security", mainly because the right to hold time and in time in the hold ’lack ofcertainty. Rural collective land distribution is based on whether it has the collectiveeconomy as members of the foundation. In traditional marriage framework, theCongFu marriage mode decided to rural women could not change their own place tolive, unless she not get married, as long as married, its will change a dwelling place.Some people get married because many times and not a change their dwelling place.Marriage is not change a woman as flow farmers identity, but her in a village in thecollective contract the ground with hold time for the occurrence of marriage ormisfortune and interrupt. This can make women’s land rights and a lot of uncertainty,which led to the right is difficult to guarantee.Rural women’s land rights and interests reflect the current situation of ruralwomen’ s liberation living condition and rights protection. These status relate to therural household registration system, the qualification of collective economyorganization member,and the interest distribution in a series of deep-seated problems.For the loss of rural women’s land rights,we need to take relief measures to safeguardtheir rights to subsistence and development.In the existing social security level andcollective economy development,in order to protect the land rights of rural women,weneed the protection of policy and law system,and effective judicial relief,need the government’s active intervention and supervision, and the system of gender equalityguarantee mechanism to safeguard their legitimate rights and interests.Objective to define the nature of the contracted management of land, to correctlyapply different nature of the laws, to implement different nature of the law inaccordance with the protection, achieve true to protect different nature of the right tothe contracted management of land. And determine the real right of the rural landcontract right attribute of rural women more to protect land rights and interests. Willland contract right after the real right for qualitative, had achieved a kind already inthe developer and other people. Because the numerus clausus restrictions, the natureof the real right of farmland contract right legal provisions and only in both partiesagree to the circumstances will destroy, the developer can not to compensate for thelosses for the price unilaterally withdraw already contract out the land.This article is composed of four parts.The first part introducts the Chinese ruralwomen’s land rights and interests characteristics briefly.The second part elaboratesthe main way of rural women’s land rights infringed.The third part is the reason ofthis problem. The four part is the suggestion and the countermeasure to solve thisproblem.This thesis is mainly based on the investigation of the current situation,thencause the attention on this vulnerable group,especially on their only means ofproduction of land protection, making them fairly, maximize the use of social reformand economic progress achievements.