The Legal Protection Of Rural Women’s Land Rights From The Perspective Of Social Gender

Within changes in Chinese history, women are basically in the subsidiary status that lived in the "at home from father, married from husband, husband dies from son" of the feudal prison. With the continuous progress of the society, women’s liberation is rising in a certain extent. Especially in the contemporary, women hold up "half the sky" in various fields of the society. However, opposite to cities, the traditional concept about "virilocal residence" "men outside, women inside" has more profound soil in local society. Undoubtedly, the protection of women’s rights is still at the edge position in the rule of law. From the current situation of Chinese rural women’s land rights and interests, to get a full range of protection is a heavy responsibility on a long road.The author’s analysis of social gender theory is from social gender perspective who try to find the reasons of rural women’s land rights and interests harmed, so as to explore how to carry on the legal protection of rural women’s land rights and interests based on the causes. This subject comes from the "Anhui University graduate innovation base" project topics of 2014 and tutors’ suggestions of county women’s Federation and school. Through the work practice in the county women’s Federation for six months, according to the investigation in two towns to collect data and information, the author’s empirical analysis in this paper provides actual material as much as possible to enhance theoretical value of thesis. Through analysis, this paper will be divided into four parts:The first part, main basic content is the theory of social gender in the course of interpretation, the concept and the localization, including the legislation in the field of law and the concrete manifestation of judicial, which is to clarify the social gender’s "history" and "future". Then the author tries to make empirical analysis for later theoretical base and provide root for the solutions of problems. The biggest significance lies in the concept of social gender reveals the social construction of gender, therefore, in the field of legal research into gender research methods, will help to reveal the level of gender legal environment for specification and characterization of the level of gender and sex role, structural reforms for gender equality and the law environment to provide necessary theoretical premise.The second part is to carry on detailed analysis about fringement manifestations of the rural women’s land rights and interests. Inreferring to the researches in theory, especially in recent years, domestic scholars and practitioners’ views on the protection of the rights and interests of rural women’s land, the author have explored and found the flash points and defects from the process of comparative analysis. And she combines the specific practice in the county women’s Federation and field research results together, that combines theory and practice together to enhance the degree of the rationality and credibility.The third part, the author thinks that land as an important production and living materials of rural women’s survival is much damaged, in addition to the negative influence of traditional culture, but also the existing institutional factors, economic factors and the women’s own impact force factors. Based on the performance analysis of rural women’s land rights infringement and combined with their own findings, the author mainly analysises rural women’s land rights and interests harmed reasons, including several institutional factor, economic factor, cultural factor and the women’s own factor. She is trying to present the institutional defect of land rights and interests protection of rural women and paves stones for institutional framework behind.The fourth part, based on the previous solid, is to find legal ways to protect the rural women’s land rights and interests. Coordinating with anaphoric reason analysis, legislative decision-making, relief during and after tort, women’s own long-term requirements. The use of social gender perspective is establish the relevant measures in social gender perspective. The social gender consciousness implantation in the author’s thought make analysis different from the rest.