Research On Judicial Relief For Rural Women's Land Contracting Right

In China,after the implementation of the system based on household contract management in rural areas,there has been no clear and efficient response to the problem of rural women’s land contract rights and interests in practice.In addition,there are a large number of literatures,especially those with judicial background,which shows that the dispute on the distribution of compensation for contracted land acquisition is a typical embodiment of the plight of rural women’s land contract rights and interests.In addition to the introduction,in this paper,the content is divided into following four parts: The first part is to introduce the general situation of litigation disputes about the distribution of compensation for Land Expropriation from the causes of action,region and judicial procedure.Meanwhile,it selects the sample cases to observe the rural women’s land contract rights and interests based on the high-level court hearing or entering the retrial.The second part is to select and extract sample case information.Through comparative analysis,this paper summarizes the differences and disputes in such litigation disputes.The differences in procedure are mainly reflected in the definition of the cause of action.The substantive disputes are divided into following three aspects: the acquisition,transfer and loss of rural women’s land contract rights and interests.Also,this part further concludes that the main factors affecting the definition of rural women’s land contract rights and interests are household registration,the institutional framework of "household as a unit",the provisions of article 31 of "Rural Land Contract Law" and non-agricultural status.In the third part,through the revision of the "Rural Land Contract Law" and the related policies and measures in the same period,it thinks that the new legal background of rural women’s land contract rights and interests has been formed.Besides,it sums up and analyzes the three channels that the new legal system background intervenes in affecting rural women’s land contract rights and interests,namely,the system of confirmation and registration of land contractual management right,the system of "entering the book and certificate" of all family members,the system of defining the membership of collective economic organizations,and the reservation system of the right of land contract management of the contractors who have settled in the city.The fourth part,under the new legal background,comprehensively analyzes the four differences and disputes in litigation disputes,and obtains the preliminary opinions and solutions.On the issue of the cause of action,on the one hand,it advocates that the common dispute should be taken as the origin of the case to define the dispute of the distribution of compensation for the contracted land expropriation that does not involve the autonomy of the collective economic organization.On the issue of rural women’s land contract rights and interests,on the other hand,it advocates to explain the land contract management rights in the social and economic sense,and insists on obtaining the land contract rights and interests based on the nature of birth.On the transfer of rural women’s rights and interests in land contract,it advocates that the "contracted land" system in article 31 of the "Rural Land Contract Law" should be interpreted as "land contract rights and interests".At the same time,it advocates that the registration of land contractual management right should be regarded as the basic rule of judicial confirmation,supplemented by the definition of members of collective economic organizations,so as to prevent "two ends empty",but not prohibit "two sides occupying".On the issue of the loss of rural women’s rights and interests in land contract,the article 27(2)and(3)of the rural land contract law is an exception to the rule that "the right of land contract comes from the membership right of collective economic organizations".By not enjoying other rights and interests of the members of collective economic organizations and collecting compensation funds in judicial decisions,the "estrangement" between non-agricultural status and membership of collective economic organizations should be weakened,and the differences in dependence of agricultural and non-agricultural identities on contracted land should be balanced.