Case Analysis On Disputes Of Infringement On Land Rights And Interests Of "Out-married Women"

The No.1 document issued by the Central Committee on January 3,2019 requires all localities and departments to guide rural collective economic organizations to confirm membership status on the basis of democratic consultation and pay attention to protecting the legal rights of special groups of out-married women.However,due to interest-driven and traditional customs,infringements on the legal land rights and interests of the special group "out-married women" are common and still happen.In judicial practice,how to protect the legal land rights and interests of special groups such as "out-married women" in rural collective economic organizations has become a problem that people should pay attention to in legal construction.The focus of land rights disputes involving “extramarried women” mainly focuses on three aspects:one is the litigability of the land equity disputes of “externally married women” and the determination of the subject’s qualification;the second is the determination of the membership of “externally married women” Standard;Third,whether the village regulations and civil agreements that violate legal property rights are valid.These three questions.The author has fully responded to the selected cases.The legal and legal analysis shows that: 1.The disputes over land rights of “extramarried women”are suable and belong to the scope of civil acceptance of the People ’s Court,which will involve “externally married women” land.Rights and interests disputes should be justified,legal and necessary for judicial relief;villager groups and village committees belong to grassroots self-governing organizations,have their members and independent property,and have the qualifications of litigation subjects.The actual situation of the distribution of funds determines the main body of responsibility;to determine whether the "out-married woman" has membership,comprehensive consideration should be given to whether the collective land provides basic livelihood security and forms a relatively fixed production,living relationship,household registration and other factors;village The content of restricting or depriving "outer-married women" of legal property rights in the civil agreement obviously violates the law and is invalid.When the judiciary examines the case,the legality of the village public agreement should be reviewed.In order to effectively protect the land rights of special groups such as “ married women ” from infringement,the people ’ s courts should strengthen their ties with the national administrative law enforcement department and formulate criteria for determining the membership of rural collective economic organizations in order to properly resolve the current Trial disputes in similar cases prevent the occurrence of "category cases without judgment" in trial practice.