Research On Legal Protection Of Land Rights And Interests Of Rural Women

With the progress of urbanization and the modernization of agriculture,a large number of farmers began to pour into urban work,and the male labor force in rural areas was short.At this time,rural women have to shoulder the responsibility of agricultural production,devote much time and energy to land cultivation,become the main labor force in agricultural production,and the importance of land to rural women is also growing.However,from the actual situation of rural areas,the rights and interests of rural women have been seriously infringed.They have been severely infringed in the distribution of contracted land,homestead and land expropriation compensation,which makes the life of rural women difficult to guarantee.Due to the traditional feudal ideology,rural women and men to have equal status,even if the law of our country to enjoy the rural women's land rights are clearly defined,but there is still insufficient,which leads to the rural women's land rights have been infringed cannot obtain the corresponding security.To sum up,the urgency of protecting the rights and interests of rural women's land rights and the actual value of attention and the unequal protection of the rural women need to be improved.The paper follows the idea of putting forward the problem and solving the problem,which is about the problem of rural women's land security.In addition to the introduction,this article is divided into four parts.The first part defines the basic content of rural women's land rights and interests,mainly including the concept,characteristics and main contents of rural women's land rights and interests.First of all,the concept of rural women's land rights and interests is defined.Chinese scholars mainly elaborate from two aspects: broad sense and narrow sense.The author thinks that the concept of broad sense is too broad.Therefore,in the narrow sense,this paper defines it as the property rights and interests that are based on the usufructuary right of land and the membership rights of collective economic organizations.Secondly,the author summarizes the unique characteristics of rural women's land rights and interests,which are influenced by the relationship of marriage.Finally,the rural women's land rights content from two aspects,the first is rural women as members of the collective economic organizations,the land rights based on membership rights;second is the rights and interests of the corresponding provisions of the law as a legal person based on usufruct of land right.The second part introduces the rural women's land rights are in reality due to the present situation of unfair treatment,the type of land rights vulnerable to infringement of rural women,through the analysis of rural women's land rights infringement is the main internal family or village collective.Due to the impact of traditional patrilocal and patriarchal ideology,rural women change in marital relationships,such as marriage,divorce and widowhood,its distribution in the land contract and management rights,land use rights and land expropriation compensation is vulnerable to infringement.The third part first analyzes some laws and regulations that have been formulated for the rural women's land rights and interests in China,and summarizes the problems that need to be perfected in legal protection.China's current legal protection of rural women's land rights in the following aspects: first,through many parts of the law equality of rural women and men in the land rights,followed by the rural women because of marriage,divorce and marriage changes lead to protect their rights and interests are not infringed the soil,also provides land after the infringement relief measures.In general,the protection of the land rights and interests of the law is mainly focused on the basic human rights and the bottom line of the law.This part of the second level through the analysis of existing laws for the protection of rural women's land rights provisions,pointed out that our country needs to improve the problem in legal protection,especially in the land contracted to households as the main body to ignore the female subjectivity,the member qualification is not clear the land rights and land ownership is difficult to guarantee the registration system is not perfect in the female often "certificate of rural women in the ring."The last part of the paper puts forward the corresponding countermeasures on the problems existing in the previous article.First of all,to improve the rural women as members of the collective economic organizations to protect the rights,rules mainly include a clear female member right,clear rural women as collective rights of members,strengthen the appropriate intervention for the infringement of rural women's land rights,reduce the hidden in the "legitimate" exterior of the phenomenon and improve the collective the land income distribution right.Secondly,to strengthen the rural women's land usufructuary rights protection,mainly including the amendment of land usufruct subject system in order to clear the rural women's subjective status,improve the land registration system,clear rural womenwithin the family of land usufructuary rights,combined with the "Three Rights Separation" theory of rural women's enjoyment of usufruct property rights protection.