制度保障与传统惯俗之间——农村承包地确权登记颁证中妇女权益保障的村干部视角分析

Between Institutional Protection and Customary Practices:Analysis of Perspectives of Village Leaders on Protecting Women's Rights in the Issuance of Registered Certificates for Contracted Rural Land

通过对定量和定性的调查数据资料的梳理分析发现,75.0%的村庄在土地承包经营权证书上登载了妇女的名字,但妇女作为户主代表登载的比例仅为3.2%。村干部普遍对土地证上登载妇女名字的必要性有一定的认识,但对妇女作为户主与共有人登载的差别以及对登载妇女名字的依据、地点等认识不一。村干部的这种认知状况反映了处于制度保障与传统惯俗之间的农村妇女土地权益保障的现实。一方面,妇女土地权益的制度保障和性别平等的宣传倡导在一定程度上提高了村干部的性别意识和对妇女土地权益的认识;另一方面,与性别平等原则相背离的传统惯俗依然影响着村干部的认知和行为。加强土地承包经营权确权中的妇女权益保障,需要更加重视村干部这一群体的作用,特别是在加强制度保障和改变传统惯俗层面开展更多的工作。

An analysis of both available qualitative and quantitative data shows that 75 percent of villages have entered women's names in the certificates of land contracts,while only 3.2 percent of the registered household head representatives are women.Overall,village leaders understand the necessity for entering women's names in the land contract certificates.However,they have varying understandings about the differences between women registered as heads of household and as co-owners,as well as the basis and the location for entering women's names.These varying understandings reflect the reality of protection of rural women's rights caught between institutional protection and customary practices.On one hand,institutional protection of women's land rights and the promotion of gender equality have helped raise gender awareness among village leaders and their recognition of women's land rights.On the other hand,customary practices that contradict gender equality still influence village leaders'thinking and behavior.To reinforce the protection of women's rights in the registration of land contracts requires a heightened attention to the role of village leaders in improving institutional protection and transforming customary practices.