农村妇女土地承包经营权之法律保障——以社会性别为视角

On Protecting Rural women’s Right for Management of Rural Land——From the Perspective of Social Gender Theory

土地权利是农村妇女实现自我生存与发展的重要保障。虽然我国现行法律对农村妇女土地承包经营权有了较为明确的规定,但从实际操作来看,各农村地区侵害妇女土地承包经营权的情形还是时有发生。究其根源,仍在于男女两性的生理差别和由来已久的"男女平等"较量。因此,有必要在农村妇女的权益保障中引入社会性别视角,从提高法律法规的实际可操作性;强化行政司法救济途径等入手,为真正实现农村妇女土地承包经营权提供法律保障。

Land rights is the important guarantee to realize rural women＇s survival and development. Although our country＇s existing laws about contracted land for rural women, have a comparatively clear regulation, but in fact, the rural areas still often encroached on the women＇s contracted land, protecting the contracted land of rural women is still unsatisfactory. Basically, it still lies in the physiological difference between men and women and the equality contest. Therefore, it is necessary to introduce the perspective of social gender to rural women＇s rights and interests in order to provide the legal protection for rural women to truly achieve the fight to contracted land.