农村妇女土地承包经营权益保护研究

土地是农民特别是农村妇生存和发展的重要保证,土地承包权益是她们最为关切的经济权利,通过对侵害农村妇女土地承包经营权益的现状、类型和原因的分析,从法学的视觉提出了界定农村经济组织成员资格条件,在村民委员会和村民代表大会组成人员中实行＂男女比例＂制度,实行家庭承包土地＂按份分割＂制度,明确无过错归则原则、追究侵害人法律责任等立法建议,以期对减少社会矛盾,实现社会公平,建设社会主义和谐社会能有所裨益。

Research on the Protection of Rural Women's Rights and Benefits Regarding Land Contract

This article makes the point on economic rights,because land is an important guarantee for rural women’s development and living,meanwhile they put nearly all their attention on the land contract rights.On the other hand,the paper analyzes some questions on the view of law such as the current situation,forms and reasons on violating rural-women’s rights in contracting and managing of land.It hopes to offer some suggestions to reduce social contradictions and achieve social justice so as to help to create a more harmonious society.The proposals are as follows:confirming qualifications of each member in the rural economic organizations,practicing gender ratio proportion system in the villager committees and villager assembly,carrying out the segmentation in quotient system on household contracted land,at the same time,proposing legislative suggestions,for example enumerating some the types of infringement,clearing the principle of imputation without fault,and investigating infringer’s legal responsibility and so on.