家户视角下妇女土地权利保护制度的反思与重建

Abstract

Studies on the Protection of Woman’s Rural Land Rights from the Perspective of Household Geng, Zhuo It is very important to protect woman’s rural land rights, and is also the current research focus and difficult problems, so that the urgent need for the research is a new perspective. Household perspective, mainly is what studies from the point of households with its basic structure and characteristics on protection woman's rural land rights. It can also highlight the household’s obscuring its members’ rights, and have more broader applicable scope compared with the social gender perspective. Under current law, what woman should enjoy the types of rural land rights mainly includes contractual operation right of rural land, rural housing land use right, collective construction land use rights, plot(hill) use right for farmers’ personal needs and servitude. In fact, these rights are in name only, and even don’t existence because of Woman's flow by marriage and live with her husband, and additional causes of the absence of registration of rural land rights and selective law-enforcement by village collective. Therefore, in order to highlight the independence of the woman, the legislation should cancel the household, and establish concrete system to achieve the independence of women, and the supporting system followed in time. In short, it is necessary to abolish the household system, and highlight woman's independent subject status, and also reconstruct the organization against all risk from nature, market and society.