农地流转中妇女土地权益保护论略——基于“三权分置”和外嫁女性视角

Protection of female land rights and interests in rural land transfer:Perspectives of ‘Division of Three Rights’ and married-off women

在农村土地“三权分置”法律政策背景下,外嫁女在农村承包地流转中的土地权益受到侵害主要体现为承包地流转收益、土地经营权抵押的决策权、承包地流转收益继承权等受到损害。其主要诱因是集体成员资格认定的统一法律依据缺失、农村重男轻女传统思想根深蒂固、土地承包经营权和流转收益继承的相关规定不明晰、土地经营权抵押风险防范意识不强。因此,未来加强外嫁女的土地权益保护应明确集体经济组织成员资格的认定标准、明确其承包地的各项权利、维护外嫁女参与娘家承包地抵押的决策权。

In the legal policy context of “Division of Three Rights” of rural land, the infringement of the rights and interest of married-off women in the rural contracted land transfer mainly manifest itself in damages in the transfer income of contracted land, the decision-making right in mortgaging land management right and the inheritance of transfer income. The main inducement lies in the shortage of uniform legal basis for identifying group membership, deeply-rooted traditional preference for boys in rural areas, obscure provisions on management rights transfer of contracted land and income inheritance, and weak risk prevention awareness of land management rights mortgage. Hence it is of necessity to clarify the identification criteria for membership of collective economic organizations in the future, to strengthen the protection of the land rights and interests of married-off women, define their rights of contracted land, and safeguard their decision-making right to participate in the mortgage of contracted land in the maiden home of the married-off women.