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Legal Protection Rural Women’s Land Rights

Posted on:2014-05-26Degree:MasterType:Thesis
Country:ChinaCandidate:Z F ZhangFull Text:PDF
GTID:2256330425469612Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Land resources in the vast rural areas of China has a vast territory, the farmers the basicliving and production, particularly on the Chinese rural women as a vulnerable group, the landis the basic guarantee for their survival and development. Therefore, the land rights of ruralwomen enjoyed particularly important. Perfect the legal protection of the land rights of ruralwomen in China is conducive to safeguarding the prosperity and sustainable development ofrural areas, the maintenance of law and order, law and justice. Protection of the basic nationalpolicy of equality between men and women is also of "Women’s Rights Protection Law","Rural Land Contract Law" basic requirements. Many remote rural areas, however, due to thesocial customs and history of the environmental impact, coupled with the women themselvessocial status and quality factors, resulting in a very serious situation of rural women’s landrights have been infringed.In recent years, China accordingly formulated a series of laws and regulations, has beensome improvement in the status of women in rural areas, but also not uncommon situation ofrural women’s land rights being infringed. Therefore, the problem of the legal protection ofland rights of rural women has become a thorny practical problems faced in the process of therule of law in China, this article the author to explore the protection of the land rights of ruralwomen from four parts.The first part is about the origins of the land rights of rural women. First, from a macropoint of view, the basic definition of start to understand what the land rights of rural women.Main types followed it comes against rural women’s land rights land rights have been violatedand unmarried women, married women’s land rights being infringed, divorced or widowedwomen land rights have been violated, the land compensation distribution rights have beenviolated, the homestead use rights have been violated five types.The second part is a realistic description of the land rights of rural women. Start from ourland protection legislation and national policy provisions. Start from the four angles of the Constitution,"Rural Land Contract Law","Women’s Rights Protection Act," Property Law"legislation to protect. Written to the relevant national policies were written to the provisionsrelating to the land rights of rural women in the maintenance of rural women’s right to landcontractual notice "and" the Development of Chinese Women ".The third part is the analysis of the causes of rural women’s land rights have beenviolated. The first is ideological and cultural reasons, lack of awareness of rights specificallymentioned in the constraints of the traditional stereotypes and rural women. Secondly there isa conflict between law, the lack of legal provisions can be operational and legal requirementsin three perspectives to talk about the reasons of the legal system, the lack of a genderperspective. And then written to the cause of rural women’s land rights have been violatedbecause the imperfections of the legal remedies and legal supervision.The fourth part of the path to improve the protection of land rights of rural women inChina. Four angles, respectively, from the level of consciousness, the legislative level, therelief level and supervision level specifically addressed. The first is the level of consciousness,respectively written to update the traditional stereotypes, focusing on the legal culture andeducation, and increase the proportion of women in politics. Second, the legislative level,respectively, wrote the operability and the law should be coordination between the lawconflict, and enhance the legal introduction of the gender perspective. The remedies level.Strengthen the mediation efforts of the government to increase the scope of the case of anarbitration institution and perfect the ultimate guarantor of the people’s court. Finally wrotethe supervisory level. Stressed that the people’s congresses at all levels should strengthen thesupervision of law enforcement, governments at all levels should strengthen the supervisionof the villagers’ self-government and to increase the people’s supervision and maintenance ofthe majority of the land rights of rural women, ultimately fundamentally.
Keywords/Search Tags:rural women, land rights, legal safeguard, gender equality
PDF Full Text Request
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