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Research On The Protection Of The Rights Of Women Members In Rural Collective Economic Organizations

Posted on:2022-06-26Degree:MasterType:Thesis
Country:ChinaCandidate:Q LiFull Text:PDF
GTID:2506306530466474Subject:Law
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Solving the problem of farmers’ land rights and ensuring their survival and development have always been issues that the law needs to solve.Women have gradually become the main labor force in rural areas,and it is very necessary to protect the rights and interests that women should enjoy as members of collective economic organizations.In practice,the membership rights of women’s collective economic organizations are not fully protected.In the context of the separation of the three rights of contracted land,more and more attention is paid to the protection of membership rights.This article aims to provide some suggestions for the protection of women’s membership rights through the analysis of the status quo.First,summarize the status quo of the protection of women’s membership rights in judicial cases.Before summarizing the status quo,clarify the concept,nature,and content of the membership rights of collective economic organizations,and then analyze the status quo of the protection of women’s membership rights from the legislative and judicial aspects.Secondly,through the analysis of the status quo of the protection of women’s membership rights in the case,the problems existing in the judicial practice of the protection of women’s membership rights are proposed.The most prominent problem is the difficulty in identifying women’s membership.In addition,the villagers’ autonomy lacks supervision,and the resolution of villagers’ autonomy violates the rights and interests of women members.At the same time,the conflict between the women’s protection clause and the land policy has resulted in the limited role of the women’s protection clause in protecting the rights of women members.Channels for women’s rights and interests relief are not smooth,etc.,which makes it difficult for women’s rights and interests to get relief.The reason for the above problems lies in the lack of uniform standards for membership determination.At the same time,the confusion of the subject of member identification makes it difficult to avoid the infringement of villagers’ autonomy on women’s membership rights.With the‘household’ as the main body exercising rights,the rights of individual women are concealed by the family.The land policy conflicts with the women’s protection clauses,and the failure to strictly implement the women’s rights protection clauses in practice has caused the relevant clauses to fail to play a role.The imperfection of the relief system has hindered women’s relief.Finally,the issue of the protection of women’s membership rights and the reasons for the improvement are put forward.It consists of chapters three and four.The third chapter proposes a macro solution to the insufficient protection of the membership rights of women’s collective economic organizations,which is to determine the criteria for identifying members of women’s collective economic organizations.Combining influencing factors to explore the identification standards suitable for women.Chapter 4 specifically discusses the system of protecting women’s membership rights,starting with the specific property rights under membership rights,clarifying that women as independent individuals exercise the right to land contractual management and the right to use homesteads to avoid collective concealment of their rights.Second,improve the relevant systems of collective economic organizations,reform the equity system of collective economic organizations,and clarify the ways to express women’s consciousness.Finally,improve the relief system for women’s membership rights,incorporate membership qualifications into the scope of court trials,increase judicial supervision of villagers’ self-government resolutions,and increase relief channels,so as to unblock the relief channels for women’s membership rights.
Keywords/Search Tags:Collective economic organization, Membership, Women’s rights
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