The Legal Protection To The Right Of Land-contracted Of The Rural Woman

The "three rural issues" is the core of our country’s economic construction and the development, land problem is the key to solve the "three rural issues". As the main force of China’s modernization, rural women’s land rights safety or not can effect our country’s modernization. In the early days, our country’s laws have regulated the rural women’s land rights, and has formed a relatively perfect legal system including the constitution, the marriage law, the rural land contracting law, the protection of women’s rights, such as the property law, to make the regulations of rural women’s land rights more complete. Rural women’s land rights is the important protection to realize her survival and development, although the laws of our country have made specific provision about rural women’s contracted management of land, rural women’s land rights has been infringed to a certain degree in real life. It’s detrimental to the protection of the rural women’s rights, and the development of our country’s modernization progress. On this basis, combining with the survey report, the author summarized and analyzed the present situation of the rural women’s contracted land rights, found the reasons of the infringement, and put forward the measures to protect the contracted management of land of rural women.On the structure, this paper is divided into four sections:The first part summarized the basic theory of the land-contracted, clear the concept, the legal characteristics, and the rights and obligations of the land-contracted, and the particularity of the rural women’s land-contracted rights.The second part analyzed the present legal protection of rural women’s land-contracted rights in our country. From two aspects, one was the existing laws and regulations of rural women’s land-contracted rights, and sum up two characteristics of the provisions, on the other hand, on the basis of existing problems, such as legislation is too principle, lack of the practical operability; leaks in the law about land rights weakening the protection to the women; contradictions and conflicts of the laws block the protection to the land rights and interests of women; legislation is lack of social gender perspective, and is difficult to achieve real equality.The third part analyzed the infringement situation and its reasons of rural women’s land-contracted rights. Combined with the actual cases and research report, the author pointed out five forms that injured the rural women’s land-contracted rights:married women were deprived of the contracted management of land, divorced or widowed women’s land was forced to take back, unmarried or remarried women was not or less divided into the land, the rural women enjoy low proportion of land requisition, the women married to the farmers cannot enjoy equal treatment with the villagers. And the author summarized three main reasons that injured the rural women’s land-contracted rights:the influence of the traditional concept of male; women’s social status is low and consciousness of rights protection is not strong; lack of self-restraint restriction mechanism.The fourth part analyzed how to protect the rural women’s land-contracted rights in a legal way. Discussed from four aspects:one is to enhance the actual operation of the laws and regulations; two is to strengthen the administrative and judicial relief way; three is to coordinate the contradictions and conflicts between the laws and regulations; four is to introduce social gender perspective.