Research On Legal Protection Of Rural Women’s Right To The Contracted Management Of Land

At the present stage of our country,the rural collective land ownership and the land contract system of farmers are mainly adopted after the reform and opening up.At the same time adjusting the existing policy on the basis of this system.our country want to expand the scope of farmers’ land contract management rights,increase their property income,under the premise of maintaining the public land.Along with the development of urbanization in our country,land expropriation has become increasingly common practice,in order to make up the loss of farmers by land acquisition compensation distribution,the value of the right to contracted management of rural land property rising.Women’s land contract management rights are more likely to be violated,because of the way of land contract based on household、improvement of land economic value、legal loopholes in rural land contract management rights.Since the eighteenth National Congress of the Communist Party of China,our party and the state put forward the "four comprehensive"strategy,running our country according to law and building a well-off society in an all-round way are very important in "four comprehensive".Because Rural women as an important member of family and rural society,the protection of their rights and the protection of the economic level is directly related to the process of the rule of law and the building of a well-off society.Because of those,this article focuses on the legal protection of women’s land contract management rights.This paper is divided into four parts:The first part is an overview of the right to land contractual management and its research status.First of all,summarized the land contractual management right,followed by the research status of several aspects of land contract management rights,such as main body of collective land ownership,right to the contracted management of land property,land rights disputes,right to the contracted management of land within the family a total of several kinds of situations,rural women’s right to the contracted management of land are violations.The second part analyzes the current infringement situation of rural women’s land contract management right.Through field investigation,literature research,etc.,this paper classified women’s land contract management rights according to the marital status of rural.The land contractual management right of unmarried women is mainly to be married and less,Married women’s right to land contractual management is mainly due to the original residence to recover the contracted land and the new home is difficult to be contracted,Divorced or widowed women’s right to the contracted management of land in rural areas is mainly affected by illegal back ground,Don’t give the live-in son-in-law and indirect infringing upon women and their children in contracted management of land,Rural women marry urban people be deprived of the right to the contracted management of land,land expropriation compensation infringes upon the right to the contracted management of land because of unfair.The third part analyzed the infringement reason of rural women’s right to the contracted management of land.In the past,analysis of the causes about violations of the right to rural women’s land contract and management,Scholars tend to begin from judicial channels,traditional thought,legal loophole,for land rights ownership,collective members qualification problems such as few studies,rarely from land rights belonging,collective members qualification researching.This paper analyzes the reasons of infringement of the right of the rural women’s right to the contracted management of land based on the study of reference on the basis of predecessors’research results,and Through to the deep subject of collective land ownership,ignore individual rights and collective organization members qualification standard fuzzy,did not include is analyzed from the common property of husband and wife to research,concluding suggestions to properly protect the rural women’s right to the contracted management of land.The fourth part is according to the third part analyzed some reasons of the corresponding put forward some Suggestions on protection of rural women’s right to the contracted management.such as:determine that men and women enjoy the same right to the contracted management of land,no one can deprive and invasion;change the inherent way of land contract,make the rural women’s individual rights;determine the right to the contracted management of land for the common property of husband and wife;clear the collective members qualification standards;broaden the scope of right to the contracted management of land rights;perfecting laws and regulations.