农村集体所有制构架下的“农嫁女”问题:以台州椒江区为例

The Problems of Married-out Women Under the Rural Collective Ownership System—The Example of Jiaojiang,Taizhou

村民、农民和社员,是集体所有制建构的社会身份,这种身份是享有村集体资产权益的资格。城镇化过程引发的农地、农民以及农村非农化造成了这种身份名实分离,模糊了集体资产权益的边界。在此背景下,延续几千年的男娶女嫁竟然成了一个制度性的“问题”。“农嫁女”问题交织着个人私事与集体事务的管理、个人权利与集体利益公平分配、习俗与现代法治等的冲突。光靠所谓的维权是无济于事的。“农嫁女”问题只是农地集体所有制与市场经济遭遇所引发的一个症状,其病根盘错于集体所有制架构中。“农嫁女”问题的消解有待于农村土地制度的深化改革。

Villagers,peasants,and commune members were social identities constructed by the collective ownership system.These identities were the qualification to enjoy the rights and interests of the collective property of the village.The process of urbanization that triggered the de-agriculturalization of land,peasants and villages brought about the separation of name and reality of these identities,and blurred the boundary of the rights and interests of collective property.Under this background,the marriages between men and women that had continued for thousands of years became an“institutional problem”.The married-out women intertwined private matters with the management of collective affairs,individual rights with the fair distribution of collective interests,and customs with modern legal conflicts.It didn’t help if people just relied on so-called“rights preservation”.The problem of married-out women was a symptom caused by the encounter between rural collective ownership and market economy.The problem was deep-rooted in the structure of the collective ownership system.Solving the problem of married-out women awaits the further reform of the rural land system.