Research On The Judicial Protection Of The Rights And Interests Of Married Women In Land Acquisition Compensatio

With the expansion of urbanization,rural married women’s land expropriation compensation cases are emerging one after another.The focus of controversy on related issues almost all falls on whether married women have the membership of collective economic organizations.The key to solve the land expropriation compensation cases of married women is to identify the membership of married women.The confirmation of membership is the premise for them to enjoy the land expropriation compensation equally,and it is also an unavoidable problem in the judicial process.Most of the existing relevant studies focus on the construction of legislation and system,and lack of research on the current legal system and the judicial operation in the rural real environment.Through the case and literature reading and analyzing the judicial status quo,this paper concludes that the practical problems are mainly reflected in whether to file a case for acceptance,the scope of review is unclear,the scale of judgment is unclear,and the lack of judgment guidance.From the perspective of economic,cultural,institutional development and judicial operation,this paper analyzes the internal and external causes of the current lack of judicial protection.To investigate the development process and current situation of membership,in order to analyze whether the currently married female members are qualified to obtain the right of land compensation.Finally,the author comes to the following suggestions: the judiciary should actively promote the trial of such cases,and comprehensively accept the cases of foreign married women’s land expropriation compensation;Abandon the pre condition of purely judging by membership,establish the recognition mode based on the standard of "loss of real right",and take "first application doctrine + exclusion of dual acquisition" as the applicable rule of judgment.