土地确权背景下的农村妇女土地权益问题研究

Land-use Rights and Interests of Rural Women under the Background of Land Approval

农村土地确权是促进农村土地流转、增加农民收益的基本前提,是当前农村经济社会工作的重要内容。但在确权前存在大量侵害农村妇女土地权益的现象,比如有的妇女承包权出现了"两头空",有的承包权在娘家无法主张,有的因离婚、丧偶改嫁而丧失承包经营权。当前的确权颁证基本上是对农村既定产权关系的确认,会进一步固化当前农村妇女权益受损的事实。分析农村妇女土地权益受损的原因,既有传统观念作祟,又有守旧村规民约制约;既有法律内部的冲突问题,又有以户为单位确权过于笼统的因素。要想真正确保农地确权工作的健康推进,既要弘扬社会主义核心价值观,又要革除限制村规民约的保守旧习,确保国家大政方针的落实;既要正确解决法律冲突问题,又要改革确权颁证过于笼统的不当做法,把妇女姓名写入确权证书。

Rural land approval is a basic prerequisite to promote rural land circulation and increase the income of farmers, and a key part of current economic and social work in the countryside. However, there are a large number of infringement events out of rural women's land rights before land approval. For example, some women are faced with contracting rights falling between two stools. Some are unable to claim contracting right at her parents' home. Some lose contracting and management rights resulting from divorce and widow remarriage. The current ownership certificate is the affirmation of established property rights in rural areas that will further consolidate current infringement of rural women's rights and interests. Analysis of causes concerning infringement of rural women's rights and interests may be restricted by traditional concepts and conservative village regulations, and influenced by both conflict of laws and too generalized household-based land approval. In order to really ensure the healthy promotion of rural land approval work, it is advocated not only to carry forward socialist core values and abolish old customs, but also restrict the conservatism of village regulations and non-governmental agreements and guarantee the implementation of national fundamental policies. It's necessary to answer the problem of conflict of laws and reform improper practices of general ownership certificate for land approval, write the names of rural women into the ownership certificate.