村民自治背景下农村妇女土地权益流失问题研究

Study on the Loss of Rural Females' Land Rights and Interests in the Context of Village Self-governance

研究目的:分析村民自治制度与农村妇女土地权益流失的内在成因,提出相应的政策建议。研究方法:文献法、逻辑分析法。研究结果:现行村民自治制度在村庄治理、社区秩序维护等方面发挥了重要作用,但村规民约与正式制度间的冲突难以调和,基层政府对村民委员会缺乏行政约束,集体成员资格的认定主要取决于村规民约,以及妇女在村民自治中的参政不足,由此造成了一系列妇女土地权益流失问题。研究结论:在村民自治背景下防止农村妇女土地权益流失,必须建立对村委会的民主监督机制和权力约束机制,对村规民约实行审查和纠错机制,努力提高广大农村妇女的参政意识,切实赋予妇女在村民自治中的参与权和决策权等。

The purposes of this paper are to analyze the factors leading to the loss of rural female＇s land rights and interests in the context of village self-governance, and to propose amelioration suggestions. Methods of documentation and logical analysis were used. The study showed that the village self-governance system currently in operation does play an important role in the running of village management and the maintenance of community order, but there is still conflicts existed between village conventions and institutions. Local government was rather weak in the administrative restrain of village committee. The qualification of collective membership mainly relies on village conventions. The participation in political lives was deficient. The ＇above reasons ultimately engendered the loss of rural females ＇land rights and interests. The conclusion is that in order to prevent the loss of land rights and interests, democratic supervision mechanism and power restriction mechanism on village committee should be established. Furthermore, the village conventions should be examined and corrected if neeessary , females＇ awareness and knowledge on political lives should be promoted, and their rights of participation and decision should be specified.