身份界定与民间法调适——因婚姻而流动的农村妇女实现土地权益面临的两个法律难题

Defining the Identification and Correcting the Local Rules ——Two Legal Problems in the Realization of Land Rights Pand Interests Faced by Rural Marriage-based Mobile Women

因婚姻状况变化而流动的农村妇女,在实现土地承包经营权及相关财产权益时,面临法律上的两个难题:妇女的农村集体经济组织成员身份的界定和侵害妇女土地权益的村规民约、村民会议决议的调适。《妇女权益保障法》应该明确认定农村妇女集体经济组织成员身份的依据和途径,规定政府和法院应承担起调适侵害、剥夺妇女土地权益的村规民约、村民会议决议的职责。

Rural women, who mobilized for reason of maritalchange, are facing two legal problems in the realization of rights to land responsibility and rights and interests in related property： definition of their identification as members of rural collective economic organization, and the correcting of the local rules and resolutions of villagers＇ conventions which violated their land rights and interests. The Law on the Guarantee of Rights and Interests of Women should clearly stipulate the reasons and channels by which their identification as members of rural collective economic organization should be defined, and stipulate the responsibilities that governmental departments and courts should hold to correct local rules and resolutions of villagers＇ conventions which violated their land rights and interests.