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The Research On The Protection Of Rights And Interests For Married Women In Nanning City

Posted on:2015-07-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q LiFull Text:PDF
GTID:2296330431958655Subject:Law
Abstract/Summary:PDF Full Text Request
With the acceleration of urbanization, fast economic and social development in Nanning City, major projects have been constructed. A large number of the surrounding land in the city was requested, the distribution of proceeds of collective economic organizations right, land expropriation compensation and the distribution of benefits disputes and contradictions derived from the land contract rights have become increasingly prominent. Due to various reasons not accounts or unwilling to household to move out of the village, so some can not enjoy or not fully enjoy the same treatment as the village villagers."Married women" and their children are deprived of their rights. In practice, the object being infringed on Nanning rural women’s land rights and interests are of seven main types:"agricultural married agricultural"(women lost lands both),"agricultural married non- agricultural "(women’s land rights are deprived), son-in-law’s landrights were restricted, divorced or widowed women’s landrights and interests are not protect, unmarried young womenland rights are infringed etc.. Cases against this kind of dispute of land rights and interests are mainly divided into six: the land contract right. the land requisition compensation distribution rights, collective collection rights and welfarerights, land distribution rights, enjoy the same rights of democratic election, and treatment of immigrant rights are infringed. Because of the sharp contradictions between the parties, not only local married women petition frequently, negative social impact produce, but also has great influence on the married women family, gender imbalance and instabe marriage and other adverse consequences. From the legal angle, there are several reasons for rural women’s land rights infringement:flawed legal system and content protection of rural women’s land rights and interests, legal means of policy adjustment, a blind area in the village regulation, villager autonomy and village rules about illegal; impact by patriarchy and male chauvinism, unsmooth judicial remedy, the complicated problems in married women and etc., which make the existing law has been implemented unsmoothly. In Nanning City, local government departments of the city have attempted to use administrative means to solve, but because the large resistance of interest driven and the problems left over by history which lead to the problems of quite a few married women unresolved in a long term. Some courts also try to resolve through litigation procedure, and because the relevant laws and regulations lag. the solution is not thorough. Once making imprope judgement, it will make the "married women" and other villagers unsatisfied. It is difficult to implement after making a verdict, which results in both conflicts. Because the issue of land rights of rural women is related to the survival and development of rural women, the protection of the land rights of the rural women will be directly related to the social harmony, gender equality, common development, the current rural social stability and the process of integration of urban and rural development. Therefore, it is practical to study and solve the problems. The value and significance of this paper is to actively explore and study how to protect the land rights and interests married women and its affiliated interest on the current situation and solve the "married women" problems in the means of legislation, judicature and administration under the current policy.Based on the causes of the infringement of rural women’s land rights and interests, this paper suggests to promote the settlement of married women problem through active involvement of administrative departments at all levels and strong judicial assistance and supervision:making up the legal flaw, strengthening the supervision of village rules to debug the conflict between the state law and folk law; improving the laws and regulations, issuing local regulations and guidance to solve the problems of married women, clearing the women’s qualification in the village collective economy group membership which will protect the land rights of married female in specific; establishing "mediation-arbitration proceedings" paralleling with judicial remedy to solve the married women problems and disputes; strengthening the administrative measures by building working mechanism for "married women" problem,strengthening the legal system propaganda and abandoning the feudal ideas, improving the rural social security system, implementing joint-stock cooperative system and other measures, so that the laws and regulations on the protection of women’s rights to land implement smoothly.
Keywords/Search Tags:Nanning city, married women, rights protection, regulations, judicial relief
PDF Full Text Request
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