作为集体经济组织成员的农村妇女财产权益的立法保障——以相关立法的文本解释为视角

Legislative Safeguard for Property Rights and Interests of Rural Women as Members of Collective Economic Organizations--From the Perspective of Text Interpretation of Relevant Legislation

学术界关于农村妇女财产权益保护的研究范围广泛,但更多聚焦在农村妇女的土地承包经营权、土地征收补偿收益及其他集体收益分配权、宅基地资格权等方面。农村妇女的各项权益与其作为农村集体经济组织的成员身份密切关联。针对不同时期农村妇女财产权益保护的突出问题,国家立法分别作出了针对性的规定,并呈现出问题导向性和递进性特征,但存在碎片化现象,体系性的制度构建相对薄弱。《农村集体经济组织法》以农村妇女的集体成员身份为统领,系统规定妇女的各项财产权益,是对既有法律规范的承继与创新。法律实施中还需要构建农村妇女财产权益的多元化保障体系。

Extensive academic research has been conducted on the protection of rural women's property rights and interests,with more focus on the right to the contracted management of rural land,income from compensation for land expropriation and other collective income distribution rights,homestead qualification right,etc.Total amounts of rural women's rights and interests are intricately linked to their membership in rural collective economic organizations.In response to some prominent problems of safeguarding rural women's property rights and interests during different periods,national legislation has made targeted provisions respectively,presenting the problem-oriented approach and progressive characteristics,whereas there is a phenomenon of fragmentation and the systematic institutional construction is relatively weak.Dominated by the collective membership of rural women,the Law on Rural Collective Economic Organizations systematically stipulates their various property rights and interests,which is the inheritance and innovation of the existing legal norms.In the implementation of the law,it is also necessary to build a diversified safeguard system for rural women's property rights and interests.