Research On The Security Of Women’s Ecnomic Fights And Interests In Rural Land Expropriation

Our country is in the stage of rapid urbanization which drives the much non-agriculturalization of farmland and it brings the economic value of land increasing. Allocation of land requisition compensation benefits as the property of collective economic organization involves the vital interests of each member of the village collective. In the contradiction between people and land, how to protect the land economic rights and interests of rural women who are the rural social mobility has become the focus of a social concern. With the continuous progress and development of the land management system in China, women’s economic rights and interests’protection problems in rural land expropriation has been paid more and more attention. Although China’s 《land management law》,《marriage law》 and 《women’s rights and interests protection law》 such laws and regulations have stressed the need for protection of rural women’s land economic rights and interests, but in the impact of villagers’self-governance and rural traditional thoughts, legal documents has become a mere scrap of paper, rural land expropriation of women’s economic rights and interests can not be guaranteed. Especially in the allocation of land requisition compensation process, rural women’s distribution rights tend to be limited and deprivation who marry to the field but not move out of account、divorce and remarry without moving account door, these problems directly affect the seriousness of the law and the rural social stability and development. This paper studies the mainly the economic rights of women in rural land requisition in China on situation analysis, the influence mechanism, legal analysis and policy suggestions. Through the research of present situation, found that the economic rights and interests of women in rural land requisition in China have these problems: collective economic organizations membership is not clearly defined, the distribution of income of rural collective legislation is not clear, the autonomy of villagers affected by the traditional ideas, women’s rights have relatively strong dependence on marriage and family, the existence of loopholes in the legal and policy. The influence mechanism analyses land characteristics、 members of the rural collective economic organizations right、women’s land acquisition compensation allocation right and rural governance analysis mainly studies The inner mechanism of economic rights and interests of women in rural land expropriation Infringement--a zero-sum game, which involves economic root、social roots、the profit motive and the game process. In the legal analysis, it analyses three legal problems involving the definition of membership of the rural collective economic organization, the legitimacy of the village collective land compensation allocation scheme and the effectiveness of the villager autonomy and village regulations. This paper finally puts forward six policy suggestions on the protection of economic rights and interests of women in rural land expropriation:(1)defines the Standard Specification for membership of the rural collective economic organization;(2) the individual strengthen land rights, weakening the dependence on family and marriage of women;(3) to speed up the income distribution of rural collective legislation, set up collective economic organization of land compensation fee allocation scheme;(4) the debugging and the laws and regulations conflict rules, norms of villagers autonomy;(5) perfect various relief ways, timely resolution of women in the land expropriation economic rights disputes;(6) pay attention to the legal publicity and education, improve the farmers’ legal consciousness and legal consciousness.