农村离婚妇女土地承包经营权散失问题探析

Analysis of the Loss of Land Contract and Management Rights of Rural Divorced Women

我国法律明确规定,农村集体经济组织成员有承包土地的权利。但在现实中,很多农村集体经济组织以"村民自治"为由,制定"村规民约",剥夺农村离婚妇女的土地承包经营权,使农村离婚妇女失去生活保障。本文通过对当前农村离婚妇女散失土地经营权的现状分析,找到农村离婚妇女散失土地经营权的主要原因是当前我国关于土地经营权问题的法律、法规规定相互矛盾,弹性较大,导致一些集体经济组织误解和滥用"村民自治"。因此,解决农村离婚妇女散失土地经营权问题的主要手段是完善农村土地承包方面的法律法规,增强可操作性,引导农村集体经济组织正确实施"村民自治"。

It is stipulated in Chinese law that members of the collective economy organizations in rural area are entitled to contract land. In reality, extra village rules and regulation are set up by the collective economy organization in the name of ＂carrying out villager autonomy＂. These rules and regulations deprived divorced women of the right to the contraction and operation of the land, which makes divorced women in rural area lose their life guarantee. This paper presents an analysis of the current situa- tion in the loss of land operation rights among divorced women in rural area. This situation is resulted from a contradictory and largely flexible national laws and regulations on the right towards land operation, which leads to a misunderstanding and abuse of ＂villager autonomy＂ among some collective economy organizations. The main approach to solve this problem is to improve related laws and regulations on land contraction in rural area to make them more operable, guiding collective economy organizations to carry out a proper ＂villager autonomy＂.