Land is the most important women in rural areas of production and basic survival safeguards. Whether engaged in agricultural production as a land contract and management rights or rights to land and other land use right of residence, are no doubt the basic connotation of rural women's right to exist.
Since the reform and opening up, the rural women's political, economic status has improved greatly. However, with urbanization and modernization development, land rights of rural women are frequently violated, increasing the proportion of landless rural women. "Half the Sky catch half of the" issue more prominent. Phase III Chinese women's social status survey data: 2010, landless rural women (21%), an increase of 11.8 percentage points higher than in 2000.
Rights of rural women have been violated and the main land
Land rights of rural women have been violated, the reason, mainly in the following aspects:
First, the law and the "patrilocal" traditional practices of conflict. Vast areas of the Han nationality living in almost all pursue "patrilocal" traditional practices. And since the beginning of economic reform in rural areas, farmers' welfare and benefit distribution mainly in the village ("village group") as a unit, "patrilocal" form of marriage is often used as the basis of population control movement and distribution of benefits.
China's "Marriage Law" provisions of Article 9 of equality between men and women on both sides to settle the issue, after that the registration of marriage, the woman can become a member of the man's family, the man can become a member of the woman's family. "Marriage" in order to implement gender equality, democracy and the establishment of a harmonious marriage and family, but also taking into account the practical difficulties of women without children and families to make these provisions, undoubtedly progressive era. But the reality is that some wealthy township population control is facing severe challenges. To control the population, but also to ensure that vested interests, some township regulations do not allow the man to the woman settled; For women without children in the household only allows a door-law settled; divorced women back home to live, regardless of the land; daughters get married immediately move the accounts, the resumption of land and so on. In recent years, with the development of urbanization, land resources are increasingly scarce, and the intensification of uneven economic development between regions, "patrilocal" marriage forms become some economically developed towns to control population movements, welfare distribution basis, and even written pacts.
Second, the relevant laws and regulations needs improvement. According to "Rural Land Contract Law" provisions, members of the rural collective economic organizations have the right to contract all the land of the collective economic organization. But what is a member of the collective economic organizations and how to define the members of the collective economic organizations, the lack of clear legal provisions. Most of the country in order to practice as a standard to determine the household.
With married, move out of the woman's account (including those evicted), the woman that her family lost their membership seat collective economic organizations, so the location of the Employer married woman withdrew contracted, resulting in the loss of rural women who married a land contract rights. Practice, and some places have not married woman contracted recover, cultivated by the woman her family, and married women in this case in fact, lost the land contract rights.
In addition, farmers engaged in agricultural production in order to maintain the enthusiasm, thus maintaining stability and stable agricultural production in rural areas, the central policy has always emphasized the land contract and management rights of farmers long-term change, even over the long term, that "people do not gain ground by , less people unabated. "Relevant laws also affirmed the policy. 1998 promulgated the "Land Management Law" Article XIV, land contracting and management for a period of 30 years. 2002 promulgated the "Rural Land Contract Law" Article XX on arable land, grassland and woodland were prescribed for 30 years, 30-50 years, 30-70 years of the contract period. 2007 promulgated the "Property Law" Article 126 also continues the "Land Management Law" and "Rural Land Contract Law" basic spirit of a long-term contract rights on the same land. The land contract rights long (long-term) remain unchanged, it will exacerbate the relationship between people and land some parts of the objective contradictions. In order to solve the tension between people and land of contradictions, "to further stabilize and improve the relationship between the rural land contract notice" (the Office of Fa [1997] No. 16) states that the "big stable, a small adjustment" policy. But what how to adjust, the adjustment of the conditions is that the policy is not specified. "Rural Land Contract Law" pay more attention to maintain the land contract "great stability", for "small adjustment" provision is also very limited. According to "Rural Land Contract Law" provisions, contracted adjustment is limited to the destruction caused by natural disasters severely contracted and other special circumstances; adjusted land is limited to maneuver, newly reclaimed land and contractor voluntarily surrendered their land. According to this provision, married women can adjust the legal situation is not contracted land. Moreover, in the absence of mobility, newly reclaimed land and contractor voluntarily surrendered their land, contracted land can not be adjusted, it means that married women can not share contracted.
Therefore, we can say that these policies and laws to ensure the agriculture and rural stability has indeed played a positive role, but it has failed to effectively resolve the land rights of rural women's issues have been infringed.
Suggestions protection of land rights of rural women
Land is the core of the "three rural" issues. Land is the lifeblood of farmers, farmers have no land would be no "root." Even in an increasingly diversified revenue streams farmers today, as the foundation of peasant land to survive, meaning equally important. Half the Sky --- as rural land rights protection issues related to rural women is not only the fundamental interests of the majority of rural women, but also to the stability and development of rural areas, related to the success or failure of new rural construction. Therefore, the urgent need to integrate and improve the rural land policy carding law effectively protect the land rights of rural women. As follows:
First, the formulation of rural land policy, farmers should be aware of, understand, and respect the independent choice of farmers.
In some people, the land rights of rural women are violated, often associated with discrimination against women in rural and patriarchal old ideas, old customs, old ideas about, and these old ideas, old customs, old ideas are still a lot of reason for today local presence and influence people's behavior, mainly because of the lack of some backward rural areas and farmers modern consciousness. Therefore, to solve this problem, in addition to helping local farmers to improve the educational level of farmers, it is imperative to "general law" to increase awareness of women's rights, strict law enforcement, strengthen grassroots judicial power in rural areas, and so on. This understanding has its own rationale, but a bit too simple.
Must be recognized that some long-term popular customs farmers follow (eg "patrilocal"), is a rooted in rural life rationality, the benefits of more than its harm. But "patrilocal" lifestyle is fixed and institutionalized denial of married women, divorced women, widowed women land rights of pacts have been able to be "democracy" through to "group set" way "against" land rights of rural women, because their behavior has a certain rationality, can be regarded as a rational choice of farmers (although this practice violates the existing land laws). Thus, when the legislature to enact laws and regulations, efforts should be made to understand and respect the autonomy of farmers choice. Only in this way, the law is more practical rationality, law in the course of implementation can be transformed into a conscious act of farmers, rural women's land rights protection to implement.
Second, improve laws and regulations. Because circumstances vary throughout the land contract, in some cases more complex, completely solve the land against the interests of rural women's issues may also need a process, but priority should be clear definition of collective economic organizations membership in the law, which is to avoid rural women interests in land continue to suffer against the premise and key.
"Rural Land Contract Law" does not provide a standard definition of "members of the collective economic organization" concept, relevant laws, regulations, judicial interpretation has not made specific definition on its. In practice, the majority of local household registration as a standard, but there are some places to whether long-term residence as the standard, there are some places in the village to whether the contract for the standards, and so on. The lack of clearly defined laws, local practices vary, it is also against the interests of rural women's land opened the door. To solve this problem, the law should specify what "members of the collective economic organizations", as well as how to define "a member of the collective economic organization."
Third, the integration of combing rural land policy and law, to effectively resolve conflicts between policy and law. Rural land policy, both "people do not increase growth, the reduction of people unabated", and "large stable, small adjustments." It should say "do not increase growth, the reduction of people unabated" and "Great Moderation" in the policy is the same strain, but with the "small adjustment" logically there is a certain conflict. Policies and laws should be on the "small adjustment" of the terms and conditions applicable to make a clear agreement, in order to prevent it from being abused as against the interests of rural women's land basis.
(Source: Author: Huang Ying; Author: CPC Liaoning Provincial Committee Party School)
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