论土地承包经营权流转中妇女权益的保护
发布时间：2018-11-10 19:49
【摘要】：随着我国市场经济的发展,土地的基本社会保障价值实现的形式变得多样化,而其最直接的表现就是土地承包经营权流转制度的发展,土地承包经营权流转方式日趋多元化、复杂化。伴随这种制度的发展,妇女这一群体仍处于相对弱势的地位,在法律制度相对滞后的情形下,首当其冲成为了利益受侵害最严重的对象。我国的法律虽然刘妇女土地权益的保护做出了很多努力,但是现实中却出现了法律上的公平并不能切实保障实践中的公正的现象。如何使妇女上地承包经营权流转中的权益得以系统化保护,已然成为我国法治化进程中必须解决的一个现实问题。本文围绕土地承包经营权流转过程中的妇女权益保护这一主题展开,主要从土地承包经营权流转方式中涉及的法律关系着手,明确妇女在土地承包经营权流转中的权利形式和内容。具体而言：本文第一部分首先归纳整理了目前我国的土地承包经营权流转方式,提出现实中妇女在土地承包经营权流转过程中受侵害的现状；第二部分笔者展开分析了各类流转方式中涉及的法律关系,以及在该法律关系中,妇女所处的地位和其应享有的权利；第三部分在前文的基础上首先对目前妇女土地权益保护的法律法规、相关政策进行了汇总研究,在研究中加入社会性别视角,分析现行立法以及政策存在的主要问题,并从立法理念、立法实践的角度分析制约我国妇女土地承包经营权保护法律制度完善的根本原因；第四部分即本文的核心内容,首先笔者提出了加强立法性别意识的重要性；其次,从法律保障的角度,基于前文所述法律制度的缺陷,尝试对物权法、土地承包经营法、村委会组织法乃至婚姻法提出完善建议；最后,从多元化发展的角度,分别从妇女自我保护法律意识的提升,基层妇女组织的建设,以及保证妇女维权救济途径畅通的角度提出制度化完善建议。妇女土地权益保障是我国法制建设、社会文明建设的一个重要部分,对这部分法律制度加以完善,有利于我国男女平等基本国策的实现,有利于涉农经济的健康发展,有利于我国法律实体正义的实现,更是我国加强物质文明和精神文明建设,构建和谐社会的基本要求。
[Abstract]:With the development of market economy in our country, the realization of the basic social security value of land becomes diversified, and its most direct expression is the development of the transfer system of land contract management right, and the transfer mode of land contract management right becomes more and more diversified. Complexity. With the development of this system, the group of women is still in a relatively weak position, in the case of the legal system lagging behind, the first to bear the brunt of the interests suffered the most serious object. Although the law of our country has made a lot of efforts to protect women's land rights and interests, in reality there has been a phenomenon that the legal fairness can not guarantee the justice in practice. How to systematize the rights and interests of women in the transfer of contracted management right has become a practical problem that must be solved in the process of rule of law in our country. This paper focuses on the theme of protecting the rights and interests of women in the transfer process of land contractual management right, mainly from the legal relationship involved in the transfer mode of land contractual management right. Clarify the form and content of women's rights in the transfer of land contractual management rights. Concretely speaking: the first part of this paper summarizes the current land contractual management right transfer mode in China and puts forward the reality of women in the land contract management rights transfer process of the situation of infringement; In the second part, the author analyzes the legal relationship involved in all kinds of circulation methods, and the position of women and the rights they should enjoy in the legal relationship. The third part, on the basis of the above, makes a summary study on the current laws and regulations of women's land rights and interests protection and related policies, and adds a gender perspective to the research, and analyzes the main problems existing in the current legislation and policies. And from the point of view of legislative idea and legislative practice, this paper analyzes the fundamental reasons that restrict the perfection of the legal system of women's land contractual management right protection in China; The fourth part is the core content of this paper. Firstly, the author puts forward the importance of strengthening the gender consciousness of legislation. Secondly, from the angle of legal protection, based on the defects of the legal system mentioned above, this paper tries to put forward some suggestions to improve the property law, the land contract management law, the village committee organic law and even the marriage law. Finally, from the angle of pluralistic development, this paper puts forward some suggestions on how to improve women's self-protection legal consciousness, how to build grass-roots women's organizations, and how to ensure the smooth way of women's right relief. The protection of women's land rights and interests is an important part of the construction of the legal system and the construction of social civilization in China. To perfect this part of the legal system is conducive to the realization of the basic national policy of equality between men and women, and to the healthy development of the agriculture-related economy. It is beneficial to the realization of the justice of the legal entity in our country, and it is also the basic requirement of strengthening the construction of material civilization and spiritual civilization and constructing a harmonious society.
【学位授予单位】：甘肃政法学院
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D923.8;D923.2
本文编号：2323440
[Abstract]:With the development of market economy in our country, the realization of the basic social security value of land becomes diversified, and its most direct expression is the development of the transfer system of land contract management right, and the transfer mode of land contract management right becomes more and more diversified. Complexity. With the development of this system, the group of women is still in a relatively weak position, in the case of the legal system lagging behind, the first to bear the brunt of the interests suffered the most serious object. Although the law of our country has made a lot of efforts to protect women's land rights and interests, in reality there has been a phenomenon that the legal fairness can not guarantee the justice in practice. How to systematize the rights and interests of women in the transfer of contracted management right has become a practical problem that must be solved in the process of rule of law in our country. This paper focuses on the theme of protecting the rights and interests of women in the transfer process of land contractual management right, mainly from the legal relationship involved in the transfer mode of land contractual management right. Clarify the form and content of women's rights in the transfer of land contractual management rights. Concretely speaking: the first part of this paper summarizes the current land contractual management right transfer mode in China and puts forward the reality of women in the land contract management rights transfer process of the situation of infringement; In the second part, the author analyzes the legal relationship involved in all kinds of circulation methods, and the position of women and the rights they should enjoy in the legal relationship. The third part, on the basis of the above, makes a summary study on the current laws and regulations of women's land rights and interests protection and related policies, and adds a gender perspective to the research, and analyzes the main problems existing in the current legislation and policies. And from the point of view of legislative idea and legislative practice, this paper analyzes the fundamental reasons that restrict the perfection of the legal system of women's land contractual management right protection in China; The fourth part is the core content of this paper. Firstly, the author puts forward the importance of strengthening the gender consciousness of legislation. Secondly, from the angle of legal protection, based on the defects of the legal system mentioned above, this paper tries to put forward some suggestions to improve the property law, the land contract management law, the village committee organic law and even the marriage law. Finally, from the angle of pluralistic development, this paper puts forward some suggestions on how to improve women's self-protection legal consciousness, how to build grass-roots women's organizations, and how to ensure the smooth way of women's right relief. The protection of women's land rights and interests is an important part of the construction of the legal system and the construction of social civilization in China. To perfect this part of the legal system is conducive to the realization of the basic national policy of equality between men and women, and to the healthy development of the agriculture-related economy. It is beneficial to the realization of the justice of the legal entity in our country, and it is also the basic requirement of strengthening the construction of material civilization and spiritual civilization and constructing a harmonious society.
【学位授予单位】：甘肃政法学院
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D923.8;D923.2
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