Research On The Application Of Legislative Provisions On Village Planning Concerning Women’s Land Rights

In China,the land rights of rural registered residence women are the parallel issues of city urbanization in China.It is of great significance to protect women’s land rights and interests in rural areas.However,from a practical point of view,village regulations(i.e.village regulations)have a more prominent impact on the adjustment of women’s land interests.Its content not only covers the identification of the membership of women’s collective economic organizations,but also directly determines the rights of women’s land rights,such as possession,use,income,disposal,etc.The "village rule phenomenon" of rights obviously deviates from the spirit of equality and fairness pursued by modern rule of law.As for the protection of women’s land rights,the existing research tends to start from the legal system of land rights,while the research on village planning is obviously weak.The only research on village planning of women’s land rights is mainly sociological research,and less research from the perspective of law,In the existing legal research,there are many theoretical studies and few institutional studies on the problems of village rules’ harassment and intervention on women’s land rights.Most of the conclusions are based on the improvement of female villagers’ voting rights.From the perspective of China’s realistic context,theoretical research can not effectively solve the problems such as the protection of feminine land rights and property interests,the identification of feminine collective membership,the equal protection of feminine land rights by judicial review of village regulations and so on.In order to restore China’s actual problems as much as possible,this paper mainly adopts empirical research method,and takes the judicial judgments from 2014 to 2020 as the basic research basis.Through the research,it is found that the main judicial problems are related to the lack of adjustment of village rules in civil legislation.To effectively solve this problem,it depends on the understanding of the legal culture and legal system behind the village rules This study mainly focuses on the issues related to legal principles and legal interpretation methods.Through the use of legal interpretation methods such as literal interpretation,system interpretation and purpose interpretation of the legal provisions of feminine land rights statute,this study focuses on the legislative improvement of village rules and regulations of land rights,the convergence of legal application,judicial review and so on.On the other hand,this study believes that the village regulations related to land rights should be independent of the village regulations of general management nature.Clarifying the nature of private law group contract of the village regulations related to land rights is conducive to the connection between the village regulations and civil rights,and is conducive to laying the foundation for the protection of rural feminine land rights.On this basis,the construction of the interpretation system of private law of village rules is embodied in the following aspects: under the civil code system,the interpretation of village rules related to land rights is in line with the original intention and spirit of legislation,the orientation of the times and the needs of practice,the theory of legality and the logic of law.The conclusions are as follows:(1)according to the principle of separation of politics and economy,the legislation of village rules should be carried out Due to the property attribute of land rights,the village regulations related to land rights are independent of the village regulations of general management nature,and the village regulations related to land rights are contracts of private law groups.(2)The legal interpretation of article 261 of the civil code clarifies the nature of the contract concerning the application of village rules to land rights.(3)The judicial organs can not refuse to accept the cases of feminine land rights on the ground of village rules and regulations.(4)Village regulations can not regulate feminine collective qualification.(5)Only when there is no specific provision in the civil code,can the broad provisions of village rules such as the organic law of village committee be applied to the village rules related to land rights.The logical main line of this paper : firstly,the research basis is clear.The research basis of this paper is 67 judicial cases of rural feminine land rights from 2014 to 2020.Secondly,through the empirical analysis of rural feminine land rights disputes in civil cases,clarify the general judicial phenomenon of disputes and the logic of the judge’s trial.Thirdly,it puts forward the problem,that is,to extract the main problems of village regulations on rural feminine land rights infringement cases.Finally,according to the basic idea of the village rules of land rights established in Article 2 of the civil code,this paper proposes that the nature of village rules involving land rights is a contract within private law groups,and that the corresponding village rules of land rights should be interpreted in accordance with the purpose of protecting feminine land rights.