On The Change In Marriage Law To Protect The Rights Of Women Land

Land is significant to economic and social insurance as farmers’ means of livelihood and of production in the countryside. Since the1980s, the management of contracted land with households as a unit, developed country productive forces, stimulated the initiative of farmers, promoted the development of agriculture and countryside economic and made remarkable achievements. In late years, with acceleration of reform and open policy and rural urbanization, more and more agricultural land is transformed into urban construction land or industrial land. Agricultural land is becoming scarce. Land rights and interests of countryside women, especially the women facing marriage crisis, are infringed.In this dissertation, I states current situation of land rights and interests of women, who are facing changes of marital status, using empirical analysis method from a legal viewpoint. The conclusion is based on large quantities of essays, statistics of authorities and relevant researches. These chapters state respectively specific situations of infringement of land rights and interests because of marriage, divorce and widowhood. Woman with rural household, who gets married with a man also with rural household, loses her land of both parents’family and husband’s family. Land rights and interests of women with rural household, who gets married with a man with urban household, are deprived. Land rights and interests of woman, who gets married with a live-in son-in-law, are restricted. Woman with rural household, who gets divorced, loses lands of both parents’ family and husband’s family. The households of these women still belong to husbands’ village. They have to carry out the same obligations as they did before divorcing. But land interests are monopolized by their ex-husbands since they cannot benefit from land transfer after getting divorced. The land rights of woman who loses her husband are infringed by husband’s family and village collective.Based on deep analysis of current situation of land rights of women who are facing changes of marital status, this article sums up the reasons causing these problems. Using normative analysis, it draws a conclusion that main reasons of infringement of women’s land rights are lack of relevant laws and regulations, existence of illegal folk law and deficiency of judicial relief.With normative analysis and method of comparative analysis, this paper puts forward the countermeasures as perfecting corresponding laws, setting up examining and mechanism for correcting folk laws and clarifying judicial relief. To protect women’s land rights, who are facing changing marital status, each rules and regulations need to be linked up. Legal system, village regulations and agreements and judicial relief are required to set up to form a complete system.