The Research About Out-married Women’s Land Compensations Disputes

As one of the most important property of farmer, the land experienced severalrevolutions. But now through policy and law it’s confirmed as The CollectiveOwnership of Land and The Contractual Right of Land. Land is not only the farmers’ main source of livelihood, but also carry the function of social security, it is soimportant to the whole countryside. Although the land changed several times inhistory but now it’s following the policy of “Big stabilization Small adjustment”, theland will not be changed in general conditions. In recent years, along withurbanization and impact of commercial civilization, the industry expands sofast,however the cost is land be expropriated. According to the laws, governmentneed to give some land compensations to the farmers who lost their land then the restof compensations will be allocated to the other farmers in this countryside. Thedisputes happened in this situation.The dispute about out-married women’s land compensations happened under thisbackground. Out-married woman is a woman who marries to another village duringthe legal age. The changes about woman’s livelihood and working even identity rightall accompany with the marriage. In most rural areas, according to some customs,woman’s social status is far below the man’s status, she doesn’t has any propertyrights in her former family. Finally she stands up to fight for legitimate rights and thedisputes about land compensations are more and more common.This kind of dispute always focuses on the out-married women’s qualification ofthe rural collective economic organization. At present, our country’s judicial organsusually regards household register as recognized standard, at the same time someother standards are as supplement. But such standards exist problems, for example, itis difficult to operate, difficult to obtain evidence and so on. On the other hand, howto identify the effectiveness of villagers assembly and how to enforce the law rulingare also difficult problems. There are many problems need to be clear.The traditional methods to solve this problem focused on two aspects of legal protection and system guarantee. Legal protection such as to perfect the legal system,to clear the articles of laws, to Improve the out-married women’s legal consciousnessand so on. System guarantee such as to Improve the supervision mechanism, toestablish the land protection fund system, to fix the shares and so on. The contractualright of land as a kind of real right, it is absolute and exclusive. If associate this rightwith out-married women’s identification of the rural collective economic organization,We can not only fix rights to out-married women but also reduce a lot of troubles.In this paper the main research methods are literature investigation method andcase analysis method. The article analysis many cases to summarize the issue of thisdispute so can put forward the solutions. Moreover, there is a typical case in theprevious paragraph of the article, the purpose is to make the reader more visualized socan catch the point quickly.