On The Legal Protection Of The Right To Use The Homestead Of Divorced Women In Rural China

Our country has more than nine hundred million farmers, including more than four hundred million females. In this huge number population of the rural areas, rural women's rights have been the focus of women's rights protection in our country. In recent year, the divorce cases in rural areas have been increased fast. So the protection of the rural divorced women's rights is becoming more and more important. Without proper protection, the rural divorced women will live in a difficult satiation. This is unsafe to the rural society. Furthermore, it will make great negative influence on the construction of new socialist countryside and the harmonious society. A divorce case is involved a number of women's rights in the countryside. Such as, personal rights, property rights, marriage and family rights. In which property rights is the most important and the right to use house sites is often neglected by people. At the same time, along with the rapid process of urbanization in our country, the suburb junction contains a huge benefit of house-site in the countryside. In order to obtain immediate interests and long-term interests, the situation in the housing land use right of rural divorced women become more and more serious. Therefore, I hope this paper can help rural divorced women finding a good way to defend their rights through the analysis of the infringement to land use rights of rural divorced women.This paper is divided into three parts, expect for the introduction and the conclusion. The first part discusses current situation of rural divorced women in the right of using house sites. Combining with the related materials and the actual cases, there are four kinds of performance of the rural divorced women in the right of using house sites.1) Rural women after divorce can not claim their right of using house sites.2) After the divorce, they lose their right of using house sites in both bride's family and husband's family.3) Even became the head of the household, the rural divorced women can't own their right of using house sites for a long time.4) It is difficult for the rural divorced women to maintain their rights.The second part analyses why the right of using house sites of the rural divorced women have been violated. Including illegal village regulations and folk conventions exist for a long time; there are some unreasonable provisions of right to use house sites; the protection of right to use house sites of rural divorced women is not enough according to some laws; and the lack of the rural collective member qualification. The third part is some suggestions about how to improve rural divorced women's right to use house site. Including strengthen the regulatory review of the village regulations and folk conventions; improve the relevant system of the right to use house sites and the laws of protecting rural divorced women; set about the cognizance of the rural collective economic organization members as soon as possible.