The Protection Of Land Rights And Interests Of The Married Outside Women In Rural Areas

Land is the basis for the survival of peasants and the basis for their development.Land rights and interests are the largest and most important rights and interests of peasants and the concentrated expression of peasants' fundamental interests.To solve the problem of poor peasants 'interest in the land,we should solve the problems of poor peasants' survival,development and security.The protection of peasants' land rights and interests largely determines the realization of building a new socialist countryside and the goal of urban-rural integration in our country.In recent years,with the acceleration of the integration of urban and rural areas and the deepening differentiation of peasants,the issue of rural land has become more prominent.Disputes over land in rural areas have continued to emerge and become major issues that affect the economic and social development and stability in rural areas.In rural areas,women's land rights and interests are harmed more seriously,especially for the rights and interests of " married outside women ".How to strengthen the protection of the land rights and interests of " married outside women " in rural areas of our country is particularly important.This article focuses on the protection of the rights and interests of rural land-expropriated women.By analyzing the relevant provisions of legislation and the empirical analysis of court judgments,this paper studies the problems existing in the rights and interests of rural land-expropriated women,Realistic dilemma of rights and interests.At the same time,combined with the specific practice of the courts in our country,we explore specific measures for protecting the rights and interests of the land-expropriating women in rural areas.This article is divided into three parts.The first part analyzes the main phenomena and characteristics of rural land rights and interests infringement.Analysis of rural "married outside women" land rights were infringed three major situations,specifically for the affected land contracted management rights infringement,the right to use homestead was infringed,the allocation of compensation for land acquisition affected.Through the analysis of the phenomenon of infringement,this paper introduces the characteristics of infringement on land rights and interests of rural " married outside women ",which is characterized by the diversity of infringement subjects,the infringement of the complexity of the contents and the aggression scale.The second part analyzes the status quo of the legal protection of rural land " married outside women " and analyzes the shortcomings in the legal protection of rural land " married outside women ".This paper analyzes the status quo of legal protection in three aspects of the constitutional law,local laws and regulations and judicial interpretation in " married outside women ".And elaborates on the lack of legal protection of the rights and interests of rural land "outside the married woman".The third part discusses how to strengthen the protection of land rights and interests of " married outside women " in rural areas.To establish a scientific and reasonable membership of rural collective economic organizations standards.We will strengthen the review and supervision of the grassroots government by the grassroots governments and avoid the "legal" means of violating the " married outside women " in rural areas.From the aspect of judicial relief,the membership of collective economic organizations should be incorporated into the judicial review,so that more land rights and interests of " married outside women " in rural areas will be protected by the judiciary.