論土地承包經(jīng)營權(quán)流轉(zhuǎn)中婦女權(quán)益的保護(hù)
發(fā)布時間：2018-11-10 19:49
【摘要】：隨著我國市場經(jīng)濟(jì)的發(fā)展,土地的基本社會保障價值實現(xiàn)的形式變得多樣化,而其最直接的表現(xiàn)就是土地承包經(jīng)營權(quán)流轉(zhuǎn)制度的發(fā)展,土地承包經(jīng)營權(quán)流轉(zhuǎn)方式日趨多元化、復(fù)雜化。伴隨這種制度的發(fā)展,婦女這一群體仍處于相對弱勢的地位,在法律制度相對滯后的情形下,首當(dāng)其沖成為了利益受侵害最嚴(yán)重的對象。我國的法律雖然劉婦女土地權(quán)益的保護(hù)做出了很多努力,但是現(xiàn)實中卻出現(xiàn)了法律上的公平并不能切實保障實踐中的公正的現(xiàn)象。如何使婦女上地承包經(jīng)營權(quán)流轉(zhuǎn)中的權(quán)益得以系統(tǒng)化保護(hù),已然成為我國法治化進(jìn)程中必須解決的一個現(xiàn)實問題。本文圍繞土地承包經(jīng)營權(quán)流轉(zhuǎn)過程中的婦女權(quán)益保護(hù)這一主題展開,主要從土地承包經(jīng)營權(quán)流轉(zhuǎn)方式中涉及的法律關(guān)系著手,明確婦女在土地承包經(jīng)營權(quán)流轉(zhuǎn)中的權(quán)利形式和內(nèi)容。具體而言：本文第一部分首先歸納整理了目前我國的土地承包經(jīng)營權(quán)流轉(zhuǎn)方式,提出現(xiàn)實中婦女在土地承包經(jīng)營權(quán)流轉(zhuǎn)過程中受侵害的現(xiàn)狀；第二部分筆者展開分析了各類流轉(zhuǎn)方式中涉及的法律關(guān)系,以及在該法律關(guān)系中,婦女所處的地位和其應(yīng)享有的權(quán)利；第三部分在前文的基礎(chǔ)上首先對目前婦女土地權(quán)益保護(hù)的法律法規(guī)、相關(guān)政策進(jìn)行了匯總研究,在研究中加入社會性別視角,分析現(xiàn)行立法以及政策存在的主要問題,并從立法理念、立法實踐的角度分析制約我國婦女土地承包經(jīng)營權(quán)保護(hù)法律制度完善的根本原因；第四部分即本文的核心內(nèi)容,首先筆者提出了加強(qiáng)立法性別意識的重要性；其次,從法律保障的角度,基于前文所述法律制度的缺陷,嘗試對物權(quán)法、土地承包經(jīng)營法、村委會組織法乃至婚姻法提出完善建議；最后,從多元化發(fā)展的角度,分別從婦女自我保護(hù)法律意識的提升,基層婦女組織的建設(shè),以及保證婦女維權(quán)救濟(jì)途徑暢通的角度提出制度化完善建議。婦女土地權(quán)益保障是我國法制建設(shè)、社會文明建設(shè)的一個重要部分,對這部分法律制度加以完善,有利于我國男女平等基本國策的實現(xiàn),有利于涉農(nóng)經(jīng)濟(jì)的健康發(fā)展,有利于我國法律實體正義的實現(xiàn),更是我國加強(qiáng)物質(zhì)文明和精神文明建設(shè),構(gòu)建和諧社會的基本要求。
[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.
【學(xué)位授予單位】：甘肅政法學(xué)院
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2013
【分類號】：D923.8;D923.2
本文編號：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.
【學(xué)位授予單位】：甘肅政法學(xué)院
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2013
【分類號】：D923.8;D923.2
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