《农村土地承包法》与已婚农村妇女土地承包权的保障———基于石家庄地区妇女回娘家索要承包地案例的实证分析

文章通过解剖石家庄地区部分村庄已婚妇女回娘家索要承包地的案例发现,很多妇女是出于对自家经济状况的考虑而不是从维护权利的角度出发决定自己是否从娘家要回自己的承包地,土地承包权流转市场不发达是阻碍已婚妇女维护自己土地权利的重要影响因素,不同的村庄的舆论、传统习惯也对已婚妇女能否维护自己的土地承包权利产生重要影响。由于观念改变、移风易俗和市场培育都是漫长的工程,因此,维护已婚妇女的土地权益还需要制度的创新。

"Contract Law of Farming Land" and Protection of Married Women''''s Rights--A Case Study of Married Rural Women in Shijiazhuang City

Analysis of cases of married women in rural areas in Shijiazhuang demanding their rights of contract farming land from their birthplace reveals that their purpose is not protecting her rights,instead it is for gaining more economic benefits.The under-developed farming land transfer system is a major factor in stopping married women when they choose to protect their rights for contracting land.Public opinion and pattern of traditions in different villages are also important factors influencing he land contracting rights of married women.Since the change of conception and customs and market education will be a prolonged process,institutional innovation is needed to protect the land contracting rights of married women.