农村妇女土地权益保护的困境与对策探析

Discussion on the Difficulties on Protecting the Rights and Interests of Rural Women in Terms of Land and Countermeasures

研究目的:探寻完善农村妇女土地权益保护制度不足的途径。研究方法:社会调查法,逻辑分析法。研究结果:在出嫁、离婚等涉及农村妇女的集体成员身份变动时,其土地权益难以得到充分保护,丧偶妇女(未改嫁)则因成员身份不发生变动,其土地权益的保护状况较好,故农村妇女土地权益未受到充分保护的根源在于集体土地所有权主体制度的缺陷。研究结论:针对集体土地所有权主体制度的不足进行股份合作社改造,是解决农村妇女土地权益保护问题的重要途径。

The purpose of this paper is to probe into approach to rights and interests of rural women. Methods of social survey and improve current incomplete protection system for the logical analysis were employed. The results indicate that when the collective member status of one rural woman is changed for the reasons such as marriage or divorce, her rights and interests in terms of land are difficult to be fully protected. However, the rights and interests of a widow in terms of land will be protected better because her status of collective member is unchanged. Therefore, the root of the lack of protection for the rights and interests of rural women lies in the defect of the clear subject in the system of collective land ownership. It is concluded that establishing stock cooperatives in rural area that aims at solving the problem of the defect of clear subject in the system of collective land ownership may be an important approach to protect the rights and interests of rural women in terms of land.