Research On The Protection Of Rural Women's Land Rights And Interests

China has a vast territory.In the vast rural areas,land is the most important property and basic living security for farmers,and it is related to the survival and development of farmers.Land rights and interests are one of the most concerned and most realistic interests of farmers.For rural women whose economic status is relatively weak,the social security function of land is more obvious,and the protection of land rights and interests is particularly important.Safeguarding the land rights and interests of rural women is the implementation of the basic national policy of equality between men and women,as well as the inherent requirements of the Law on the Protection of Women's Rights and Interests and the Law on Land Contracting.Safeguarding the land rights and interests of rural women is conducive to maintaining the stability and prosperity of the rural areas,helping to maintain legal dignity and helping to maintain fairness and justice.Under the background of rural land security,China has successively issued a series of laws and regulations,the status of rural women has been improved,and land rights have been protected.However,with the deepening of land reform and the continuous appreciation of rural land,and some village collectives for their own interests,the problem of rural women's land rights is becoming increasingly acute,and the phenomenon of women's rights and interests being treated unfairly is not uncommon,becoming a focus of rural rule of law.And difficult.Rural women's land rights are land rights and derivative interests granted by law.It mainly includes the right to land contractual management,the right to use the house site,the distribution right of land acquisition and requisition compensation,and the share distribution right of the village.The protection of rural women's land rights has its rationality.Women's land issues involve not only gender equality,but also rights awareness and gender,and are closely related to rural land property rights in China.When we want to discuss the issue of rural women's land rights,we must cut into the land property rights,equal value,rights awareness and gender theory.After the founding of New China,China has experienced several land reforms.The farmers have enjoyed the dividends brought about by the reforms in the land reform.The state has successively issued a series of laws and regulations to protect women's land rights and interests.However,the current problem of rural women's land rights is still very prominent.With the development of the economy,the problem of rural women's land rights has not declined,but has increased and the situation has become more and more serious.Through the case analysis of the refereeing paper network and the analysis of the research report of the All-China Women's Federation,the above four land rights of rural women have been infringed to varying degrees.The reasons for the violation of women's land rights and interests are mainly manifested in the lack of institutional aspects at the legal level.Institutions include formal institutions,informal institutions,and the implementation of institutions.On the issue of women's land rights,the formal system includes land-related laws and regulations,the national three-agricultural policy,etc.The informal system includes traditional law culture,village rules and folk customs,etc.The implementation of the system includes administration,judicial practice and administration,judicial relief,etc..In rural areas,traditional legal cultures such as "patriarchal system" and"following residence" still occupy an important position in rural areas,and women's family status has strong dependence;in rural areas,land contracting and homestead registration are With households as the basic unit and under the household system dominated by male heads of households,women's individual rights and interests are obscured and suppressed;the criteria for determining the membership of collective economic organizations are not clear,so that village collectives exclude women;Conflicts with national laws have made male-dominated village committees deprive women of their land rights in a "democratic" way;China's existing laws on women's land rights guarantees emphasize the principled provisions of equality between men and women and respect for human rights.There are very few provisions on how to protect and how to make rights relief.As a result,administrative and judicial remedies are not smooth,and women's land rights cannot be guaranteed.Through analysis,we can see that the problem of rural land is a very complicated problem.The unequal treatment of rural women's land rights is objective.To protect their rights and interests,it needs to be cultural,legislative,relief and supervision.The level and other aspects are jointly promoted.At the cultural level,it is necessary to construct a three-dimensional gender justice concept in the countryside;at the legislative level,accelerate the formulation of the collective economic organization law.clarify the criteria for membership qualification,and at the same time amend the relevant laws of the property law;at the relief level,we must improve the administrative and judicial relief channels;At the level,it is necessary to strengthen the record review of the village rules and regulations,promote the socialist rule of law.and build a rule of law rural areas.Safeguarding women's land rights is a systematic project that requires the joint efforts of all sectors of society.