A Study On The Damage Of Rural Women’s Rights And Interests Based On The Confirmation Of Homesteads

The right of homestead is to ensure the legal property rights of the farmer group.As same as the land rights,the homestead also ensures the right of qualification,right of use,right of possession through certificates.Among them,the right of qualification and the right of use of the homestead is based on “household”,which also presents that the right of homestead is shared by the whole family.However,in the process of actual confirmation of the right of qualification,affected by the traditional custom of "Women are married to men" and China’s patriarchal system that lasted for more than2,000 years,women’s rights and interests are not guaranteed in the confirmation of housing rights,and gender stratification in rural areas is obvious.In the context of the confirmation of rural homesteads,this paper applies the qualitative method to conduct on-the-spot investigations of M villages in Gansu Province,understands and analyses the current situation and reasons of rural women’s rights and interests in the confirmation of homesteads.Through the research of this paper,it is found that in the process of confirming the right of homestead,the rights and interests of women are hardly protected.The main performances are as follows:The “traditional homestead” in the rights of the homestead is usually recognized as the husband’s property.Women’s understanding of the concept of homestead confirmation is vague,and the “head of household” status is referred as the “Female subordination” of the right.As a result,women in homestead are affected by the traditional "consort" marriage mode,so it is difficult for women to apply for homestead as independent individuals.At the same time,due to the lack of public life of rural women,weak legal awareness and the guidance of wrong legal knowledge,it is difficult to protect women’s rights and interests.In addition,the distribution ofproperty is also an important factor affecting women’s access to economic rights,the lack of women’s rights in public life directly affects their access to family life.