论离婚妇女的土地承包经营权保护

On Protection of the Divorced Women' Land Contracted Management Right

农村土地承包经营权,是指由公民或集体组织对集体所有的土地、山岭、滩涂等依据合同的规定而享有的占有、使用、收益的权利。我国农村离婚妇女土地承包经营权法律保护形势不容乐观,离婚妇女的土地承包经营权受到侵害的现象时有发生。其主要原因是:土地资源不足、传统社会观念影响、不良村规民约制约、法律不完善等。保护农村离婚妇女土地承包经营权须采取有效对策:在立法上完善法律保护体系建设;在执法上增强力度,严厉查处侵害妇女权益案件。

The land contracted management right refers to citizens＇ or use and get income from land, mountains and beaches according to the collective organizations＇ right to possess, provisions of the contract. However, due to the lack of land resources, the traditional concept of social influence, poor village regulations and imperfect law, the rural divorced women＇ legal right of the land contracted management is not optimistic, and has been violated. To protect the rural divorced women＇ right, it is expected to take effective countermeasures such as perfecting the legal protection on the legislation system, strengthening the law enforcement, and severely investigating and punishing cases of infringing upon women＂ rights and interests.