浅析农村妇女在婚姻家庭中土地财产权益及法律保护

Analysing about the Village Women's Property Rights and its Law Protection of the Land in the Marriage and Family

土地是农民生存和发展的根基,土地问题是解决当前"三农"即农村、农业、农民问题的核心。土地制度的建立完善和实施直接关系到国家农业产业的发展和农村社会、经济秩序的稳定。农村妇女由于传统习惯和文化素质的影响时土地的依赖性更强,所以对农村妇女土地权益的保护更为重要。《婚姻法》修正后对夫妻财产制度作了许多新的规定,特别是第39条第2款,"夫或妻在家庭土地承包经营中享有的权益等,依法应当予以保护"的规定,是婚姻法对夫妻财产制度的一个新的突破。目前,农村妇女土地权益受侵害的现象比较严重和突出,在一定程度上扰乱了农村的经济秩序和社会秩序,因此,关注农村妇女权益保护,对解决农村妇女土地承包权问题是非常必要的。

The land is the foundation of survival and the development for the farmers.The problem of land is the core for solution of current problems of ＂three agriculture＂which are the problems of countryside ,agriculture and farmer.The establishment and consummation of land system relates directly with the development of national agriculture industry and stability of social and economical order of the countryside. Because of the influence of traditional custom and cultural quality,the dependence to the land of rural women is stronger,so it is more important to protect rights and interests of land of rural women.The amendment of Marriage law has many new stipulations for the property system of husbands and wives ,esp. the content of the second section of 39th article ,＂The husbands and wives have the equal rights in the family land contracting management, which must be protected legally＂, is the new breakthrough for the property system of husbands and wives of Marriage law.At present, the phenomenon to violate land rights and interests of the rural women are is more serious and prominent,which has harassed the economical and the social order of the countryside to some extent,Therefore ,paying attention to the protection of rights and interests of rural women is very necessary to resolve the problems of land contracting of rural women.