土地承包经营权流转中妇女权益保护初探

Protection of Women's Rights and Interests in the Circulation of the Contractual Right of Lland

土地承包经营权流转是我国农村生产力发展过程中出现的新事物、新课题。2007年3月出台的《物权法》首次在立法上将土地承包经营权定性为用益物权的一类加以规定,流转作为土地承包经营权权能的重要组成部分则成为目前讨论的热点。但是在土地流转过程中妇女的合法权益却没有得到有效的保护,甚至出现较多权益缺失的现象。本文试图在分析这些现象的基础上以求寻找合理的救济。

Land Contact is new things and new topics in our country in the course of the development of productive forces in rural areas arising. In March 2007 introduction of the ＂Property Law＂ will be the first time to fix the fight of land contractual management as the real fight for usufruct fight, the circulation as an important part of land contract fight t has become a hut topic in the current. However, in the process of land transfer of the legitimate fights, interests of women did not receive effective protection, even more situation of fights and interests lacking. This paper attempts to analyze the situation at the basis of the situations in order to arrive at a reasonable relief.