The problem of rural married women's land rights and interests mainly refers to the phenomenon that rural women's land contracting rights and related economic rights and interests are infringed by marriage, which is mainly manifested in the fact that women and their children who are married to non-agricultural farmers or other villages but whose household registration remains in their villages cannot enjoy the same income distribution and villagers' treatment as other villagers. There are also divorced or widowed women who have to lose a piece of land they own. In order to deeply understand the situation of rural women's land rights and interests and do a better job of women's rights protection, the District Women's Federation conducted a special investigation on rural women's land rights and interests in the whole region through issuing questionnaires, holding symposiums and individual visits. The situation is as follows:
1. In this survey, * * * distributed a total of 725 questionnaires, and 66 1 was valid, with a recovery rate of 9 1%. The survey results show that the living conditions of rural women in Dingcheng District are relatively stable as a whole, and there is no obvious gender discrimination in the initial land distribution, and they can adhere to the principle of equality between men and women. However, due to different reasons such as marriage and migration, women in some villages have lost their land to varying degrees, and more than 90% of the women who lost their land are married women.
Two, the current infringement of married women's land contract rights and interests in several forms
1. Married women may lose the land contracting right of their parents' village first. According to traditional customs, generally? Marry a chicken and follow a dog? After marriage, women have moved their registered permanent residence from their parents' home to Pojia village, so married women are faced with the inevitable loss of land rights. Influenced by traditional customs, the vast majority of married women do not claim their inheritance rights according to law. Many of them are willing to leave their land to their fathers, brothers, ex-husbands or their families after marriage or divorce. In this survey, more than 90% married women voluntarily gave up after marriage, which shows that most people are still imprisoned under the feudal traditional thought, and few people get their due land rights through law. Even if such women do, it is difficult to get the support of social habits.
2. The new daughter-in-law married to Pojia Village may not get the contracted cultivated land. ? The principle of dividing land by household registration? In view of the legal marriage relationship, the new daughter-in-law who moved in has the same right to contract farmland, but some villages think that the married new daughter-in-law is a foreigner and refuse to admit it, and some villages are not enough? Controllable contracted arable land can be used to supplement the new population at any time, and some villages have contracted land unchanged for 30 years? No increase in land and no decrease in land and no decrease in people? Our land contracting policy remains unchanged, and new people such as new wives can only? Line up? Wait a minute. Among the rural women in Dingcheng District, more than 10% have not moved their registered permanent residence from their parents' home, which may also be a shortcut to solve the problem, because they know that their new wives may not get contracted farmland.
3. Divorced or widowed women's land rights are also facing fission. In some places, land is regarded as the property of the husband's family, and divorced women dare not want land. For fear of losing land and livelihood, I dare not divorce easily in some broken marriages. Some villages do not accept divorced women's hukou because there is no land available for distribution. Some widowed women usually have constant friction with their in-laws and family members. After their widowhood, they lost the conditions to continue living and living in their in-laws' homes, and their land rights and interests were also lost due to the loss of their families.
Third, the causes of rural married women's land rights and interests
1, the deep-rooted rural feudal thought still exists. Influenced by traditional feudal ideas, many villagers and even village cadres think that? Marry a girl, splash water? Should a man marry a woman? From the husband's house? Now that you are married, you should go to your husband's family to enjoy the rights and interests, not in your mother's family, let alone compete with the villagers in her family for land and food. This kind of rural feudal thought seriously restricts the thinking of rural women, and when they don't understand the law, they are more likely to have negative results. However, in the collected questionnaires, basically more than half of the children born are not implicated, and they have no land and related income, although in feudal thought, they have no reason to compete for land and economic interests, which shows that society is still progressing.
2. Laws and regulations conflict with local policies. The Rural Land Contract Law stipulates that the contract period of land is 30 years, and stipulates the conditions and procedures for land adjustment or land recovery. However, the implementation of rural land contract law in each village is not consistent. Some villages implement it? 30 years unchanged? Some villages insist on this policy? Big stability, small adjustment? The principle that individual villages still exist? Five years of big adjustment, three years of small adjustment? The practice of voting by villagers' congresses. This kind of inconsistent policy implementation is very common. The unsynchronized land adjustment has caused a considerable number of married women to recover their parents' land, but the land where they were married has been adjusted or not, and they can't get land, thus becoming landless women.
3. Interest-driven leads to intensified contradictions. At present, the village-level collectives in rural areas, especially in the urban-rural fringe, are developing rapidly, and the economic benefits and homestead are generally distributed according to the population. The generous welfare of rural hukou makes married women in economically developed villages reluctant to move their hukou to other villages and marry urban men? Farmers married life? Women are even more reluctant to move their hukou to cities and towns with their husbands. In the long run, the contradiction between the limited growth rate of rural resources and economic benefits and the rapid growth rate of population is more prominent, and the pressure of interest distribution and the relationship between people and land is increasing year by year. Drink too much porridge? The situation made the villagers think that their interests had been robbed, so they rejected them one after another? Married woman? 、? A divorced woman? Waiting for the marginal crowd.
4. The rescue lacks effective measures. The lack of relief means is one of the main reasons why rural women's land rights disputes are always difficult to solve. Many rural women whose land rights and interests have been violated seek village cadres, who are powerless because of the provisions of village rules and regulations and the opposition of village representatives; Looking for township governments or streets, I always think that the land belongs to the village, and the villagers' ideas are impossible. If it is enforced, it will inevitably lead to the opposition between cadres and masses and affect the smooth development of other work. Therefore, there are not many ways to deal with it, and the strength is not enough. It is found that the women's Federation in the district lacks the corresponding law enforcement authority, and is willing but unable. They can only do some publicity and education work in conjunction with the women's Federation in the street where the victim is located, or coordinate with relevant departments to solve it, but it is very difficult and has little effect. Coordinating the court, the court has the function of social management. Due to the lack of detailed and operable judicial interpretation of women's land contracting rights in our laws, the court has great flexibility in accepting and judging such cases. Even if women win the case, it is difficult to enforce it. Therefore, it is not easy for women whose land rights have been violated to win their legitimate rights and interests.
Iv. Suggestions and countermeasures for safeguarding rural married women's land rights and interests
1, strengthen the popularization of law. We should further carry out publicity and education on the basic national policy of equality between men and women. Courses such as the Marxist concept of women and the basic national policy of equality between men and women are offered in training courses for cadres at all levels and party schools, so as to effectively raise the awareness of equality between men and women among leaders, policy makers, law enforcers and grassroots cadres. Various means should be taken to completely eliminate the traditional concept that men are superior to women. It is necessary to extensively and deeply study and publicize the villagers' organization law, the law on the protection of women's rights and interests, the land contract law and other relevant laws and regulations. Want to promote it vigorously? Maintaining the balance between population and resources cannot be at the expense of women's interests? The point of view. Rural grass-roots women's organizations should mobilize women to actively participate in learning and publicity activities, improve women's legal awareness, make them understand the rights entrusted to them by national laws, learn to use legal weapons to safeguard their legitimate rights and interests, and actively strive for the realization of equal rights between men and women.
2. Strengthen the review and supervision of village rules and regulations. Rural issues are characterized by complexity and diversity. Due to the differences in historical traditions and specific conditions, the village rules and regulations on the distribution of land rights and interests are also different and varied. Therefore, while respecting villagers' autonomy, it is necessary to introduce relevant laws and regulations, standardize the specific authority and procedures of government supervision and management of village rules and regulations, improve the review and supervision of village rules and regulations, and ensure that villagers exercise their autonomy within the scope permitted by law.
3. Improve the political and social status of women. Training courses for cadres at all levels and party schools should offer courses such as the Marxist concept of women and the basic national policy of equality between men and women, effectively raise the awareness of equality between men and women among leaders and decision makers, law enforcers and grassroots cadres, completely eliminate the traditional concept that men are superior to women, and bring gender awareness into the mainstream of decision-making so that women can get it? Right to speak? . Organize the majority of women to learn the usage of law, safeguard their awareness and ability of rights and interests according to law, and thoroughly study the policies and regulations closely related to them, such as the villagers' organization law, the women's rights and interests protection law, and the land contract law. Grassroots units should also vigorously publicize it? Maintaining the balance between population and resources cannot be at the expense of women's interests? The point of view. Rural women should learn to use legal weapons to safeguard their legitimate interests and actively strive for equal rights between men and women in order to stop, reduce or even put an end to the violation of women's land rights and interests.
4. Strengthen the relief measures in the safeguard mechanism. First of all, the government should help solve it. Although the system of villagers' autonomy is implemented in rural areas of China, in fact, the implementation of this system needs the guidance of local grass-roots governments. Due to the influence of traditional ideas, rural women's land rights and interests are frequently violated, and it is not a day's work to change the deep-rooted feudal ideas. Therefore, safeguarding rural women's land rights and interests can not be separated from the guidance and help of government departments. The second is to set up arbitration procedures. The Law on Rural Land Contract stipulates that if the parties are unwilling to negotiate or mediate a dispute arising from land contract or negotiation or mediation fails, they may apply to the rural land contract arbitration institution for arbitration, or they may directly bring a suit in a people's court. ? However, the rural land contract law does not clearly stipulate the establishment of rural land contract arbitration institutions, which leads to rural women not knowing which department should exercise the arbitration function and unable to apply for arbitration. Therefore, it is suggested to amend the relevant provisions of the rural land contract law. The specific name and performance organ of the arbitration institution should be clarified, so as to point out the direction for rural women to apply for arbitration. The third is to improve the judicial guarantee mechanism. For example, the court's scope of accepting cases, jurisdiction and statute of limitations and so on. Combining with the actual situation in rural areas, getting a fair judicial judgment does not mean that rural women's land rights and interests have been guaranteed accordingly, but also involves the implementation of the judgment results. Enforcement is always a difficult judicial problem, and it still needs government departments and rural autonomous organizations to strengthen cooperation, persuade and educate the parties concerned, and strive to ensure the effective protection of rural women's land rights and interests.
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