A Study On The Protection Of Women’s Rights And Interests In The Confirmation Of Rural Collective Membership

Collective Ownership of Peasants is a kind of Member Collective Ownership in nature.The collective is composed of members,in which members possess a series of rights of collective assets and income though performing their membership,including property rights like land contract management right,homestead use right,collective income distribution right and democratic rights,namely,rights to know,to participate and to supervise.However,the confirmation of collective membership is a significant prerequisite for obtaining collective member rights.That is to say,only having the confirmed collective membership,can collective members enjoy relevant rights.Therefore,the confirmation of collective membership accounts more for the realization of farmers’ substantial rights and interests.Moreover,rural women’s land rights suffered from a lack of effective protection for a long time.Rural collective organizations denied women’s collective membership through village rules and regulations,cooperative charter,democratic procedures and some other ways,and further deprive and restrict women’s membership rights in a illegal way,which has caused a great many contradictions and disputes.Concerning this point,having a deeper study of protecting women’s rights and interests in the confirmation of rural collective membership is of great practical significance.The thesis is composed of six chapters.The first chapter is an introduction,which introduces the background and both the theoretical and practical significance of this topic,and reviews relevant domestic and abroad studies concerning rural collective economic organizations and the protection of rural women’s rights.The second chapter focuses on the general theories of rural collective membership confirmation.In this chapter,the author mainly explains the rural collective and the rights of collective members,clarifies the meaning and significance of rural collective membership confirmation and its standards and procedures,then systematically introduces the relevant policies and laws to protect women’s legitimate rights and interests.The following third chapter illustrates the specific performance and causes of the infringement of women’s rights and interests in rural collective membership confirmation,which mainly consists of specific manifestations,main ways and deep reasons of the infringement of the women who married the peasants,the women who married the non-peasants,the women who recruit the son-in-law,and the divorced and widowed women.The fourth part is mainly about the relevant practice of protecting women’s rights and interests in rural collective membership confirmation.After investigating the practices of typical areas in China’s rural collective property right system reform pilot areas,such as Lishui in Zhejiang province,Xi’an in Shaanxi,Foshan in Guangdong and Nanning in Guangxi,a series of valuable experiences has been extracted from excellent policy guidance,unified confirmation standards,standardized confirmation procedures and smooth relief path,which is quite useful in solving problems.The fifth chapter concerns more on the basic path to protect women’s legitimate rights and interests in rural collective membership confirmation,including establish and improve relevant legislation,enhance the rural interest integration mechanism,strengthen the review and supervision of village rules and regulations,smooth judicial relief channels and change peoples’ ideas.The last sixth chapter is about conclusions and suggestions.Based on this study,it is believed that the infringement of rural women’s right for quite some time results in rural collective organizations deny even deprive or limit women’s collective membership rights through illegal regulations and the abuse of democratic procedure.This kind of phenomenon is caused by various reasons,such as the infulence of traditional ideas,the lack of legislation,the imperfect interest expression mechanism,the poor compliance review of villagers’ autonomy as well as the inefficiency of legal relief.Therefore,in order to protect rural women’s collective member rights and realize their land rights,it is better to take rural collective membership confirmation as a core stage,improve relevant legislation,eliminate the negative influence of traditional ideas,enhance the expression mechanism of women’s interests as well as smooth the judicial relief channels.