Protection Of The Right To Equality Of Rural Women In The Land Contract

Rural women’s land rights protection is a real problem facing China in the task of governing the country according to law. China is currently in the process of building a socialist harmonious society, as a country has more than900million farmers, the "three rural" issue has been a serious problem can not be ignored, especially worthy of our attention is the protection of the land contract interests of rural women. The party is mainly composed of the following components:Firstly, the paper first examines the theory of the right to equality and equal rights for women. Equality is undifferentiated treatment, it is the manifestation of two types: substantive equality and the form of equality. Formal equality refers to a person as an abstract, that is, as the personality of the main body of the independence, freedom, and the freedom and dignity of the personality, shall enjoy equal rights and legal equality of treatment; same time, people in the sex qualifications and ability to objectively there are some inevitable differences, absolute equality is impossible to achieve the race on the same starting line, just like young people and emaciated elderly robust rules are equal but essentially unequal. Although gender equality is a tradition since ancient times down, but the beginning of humans is not the case, because in primitive society, equal relationship between men and women. Until after the emergence of the private ownership of the exploiting classes to maximize the pursuit of their interests, so that oppressed women gradually slowly decline in social status. Began until the status of women in capitalist society than before significant improvement. But we have to admit that, in the capitalist system, the equality between men and women mostly a mere formality, the essence of the right to equality there is a lot of hypocrisy, many aspects of social life is also limited. In other words, you want to achieve real equality between men and women in the capitalist system is almost impossible. In1949in the People’s Republic was founded, we have established a socialist system, the abolition of all system and the obstacles that hinder the development of women, promote the development of women’s fundamental. This is not only reflected in the law expressly provides that men and women enjoy equal rights in all aspects of economic, political, and social life, and more important that we focus from substance to protect the interests of women, so that women and men in the family or in the community with men. enjoy the rights and obligations of the peer-to-peer.Secondly, a general overview of the land contract and management rights and equal rights for women, mainly discusses the type of abuse as well as the characteristics of the rural women’s equal rights and interests in land contracting and management. China has a vast territory, the vast majority of rural, the differences between each other. Require a large number of migrant workers in urban economic development, many rural residents to actively work in cities and towns, which has brought the phenomenon of the same area, and the account is not their land rights have been unequal treatment. In addition, there are nearly20kinds of military service personnel, college graduates, and so easy to encounter this situation, summed up interest in the land are likely to suffer the main. Interaction between them, virtually to deal with the problem more difficult. This problem of farmers’ interests in land essentially involved on the qualifications of the villagers, in fact, many of our villagers collective economic organizations have a certain economic strength, includes their right to land contractual rights for the welfare of the villagers can enjoy at the base use rights and other collective welfare, it can reasonably protect the equality of rights and interests of each villager, but when the real common split the interests, villagers often selfish ignored considering the legitimate rights and interests of rural women have The result should not have high social and family status of rural women have become the object of being squeezed.Thirdly, land contract interests of rural women victimized phenomenon analysis, to find out the reason. Main causes of the four aspects of rural women’s land rights have been violated, the social structure and the historical and cultural impact of the concept of the right to equality; rural land contracting system; Third grassroots autonomy; Fourth of existing legal and policy adjustment problem. Mainly four aspects homestead allocation in accordance with the relevant research data of the Institute for Women’s Federation, the most closely with our farmers living relations of production, the second is the issuance of land requisition compensation responsibility Tian Tin distribution of rations, is land as share dividends. But these rights and interests of rural women is often difficult to enjoy. Of Land Contract adjustment of the contract land provisions in the contract period, the Contractor shall not be adjusted (unless agreed to by the Employer) of grassland, arable land contract. Reported township administrative department for approval by the consent of the representatives of villagers in the village more than one-third, or more than one-third of the members can be adjusted, but if the contract shall not be adjusted, then the parties must strictly abide by and fulfill the convention. This law, has an extremely important significance for the protection of women’s right to contract, still exist in China’s rural life practice, however, due to the male-dominated attitudes and practices, the right to vote is often also the men of the village, they do not support or even entitled to land rights, are opposed to the women of the village from making pacts to the whole process of the implementation of the relevant laws and policies or villagers resolution, awareness of male hegemony revealed beyond doubt, women’s rights advocates will weaken, reducing them has the right to use the land.Fourthly, the strengthening of the land contract and management rights of rural women proposed the legal protection of the recommendations, including legislative proposals of the relief the female land contract interests, judicial recommendations as well as interests in a supplementary measure of relief. The land rights of women is one of the characterization of their social status, wave vigorously develop the cause of women’s liberation, and the survival of rural women most closely development of relations between the degree of realization of the right to contract land of female emancipation important manifestation, only to establish a sound the legal system, as the main source of income to the land rights of rural women to be better protected. A complete legal system is to ensure that citizens’ rights to exercise the premise, but for the exercise of specific rights, improve the judicial system is also essential with respect to the protection of the land rights of rural women. The law has universal characteristics, is developed for the social life in general, so there are some limitations. Not rely solely on the legal safeguard women’s interests in land, through the establishment of the the diversified relief measures system, that is the main legal remedies, and other relief measures, supplemented by a system to protect women’s interests in land.In short, this article through research on the theory and practice of research, starting from the status quo of equal rights for women in China’s rural land contracting, Problems and protection measures proposed recommendations, in order to solve the rural women in the land contract Protection issues.