产权化改革背景下的妇女土地权益保护

Protecting Women's Land Rights and Interests during the Reform of Rural Land Property Rights

文章通过对中国当前妇女土地权益纠纷案件进行整体性描述,结合个案分析,研究发现中国农村的社会环境较之《中华人民共和国农村土地承包法》出台时已经发生深刻变革,农村土地制度的产权化改革从根本上改变了土地传统的生产资料属性,强调了土地的财产性权利,导致妇女贡献呈现隐性化特征,由此引发了家庭内部基于土地承包关系产生的矛盾纠纷凸显。同时,妇女集体经济组织成员身份界定的困难和土地的位置固定性引发的人地分离现象,均加大了妇女土地权益的保护难度。在土地制度产权化改革的大背景下,应当为农村妇女土地权益编织安全网。

Based on a comprehensive review and case studies of the current disputes on women's land rights and interests in China,our research finds that the social environment has profoundly changed and is quite different from that during the time of the adoption of the Rural Land Contract Law.While the ownership reform of rural land emphasizes the ownership rights of property,it has fundamentally changed the traditional property ownership of the land as a productive material.This has led to the invisibility of women's contribution,giving rise to conflicts within the family over land contractual relationships.At the same time,the difficulty in defining women's membership of a collective based economic organization,resulting from the separation of women who are mobile while land is stationary,has increased the difficulty of protecting women's land rights.In the aftermath of the reform of land property right system,the policy is needed in providing a network to safeguard rural women's land rights and interests.