论我国农村离婚妇女宅基地使用权的法律保障

发布时间：2018-09-18 17:25

【摘要】：我国有九亿多农业人口,其中女性占四亿多。在人口众多的农村地区,广大农村妇女权益的保护一直都是我国妇女权益保障中的重点。随着社会的发展,近几年我国农村地区的离婚案件逐年增多,如何加强对农村离婚妇女权益的保障也变得格外重要。农村离婚妇女的相关权益不仅关系到农村妇女自身的生产、生活保证,更关系到农村社会的和谐稳定。相关权益得不到保护,会直接导致他们的生存危机,对社会主义新农村建设带来巨大消极影响。在农村离婚案件的处理中,会涉及农村妇女的人身权利、财产权利、婚姻家庭权利等多项权利,其中财产权利关系重大,而财产权利中的宅基地使用权往往被人们所忽视。同时,随着我国城镇化进程的加快,城郊结合处的农村宅基地蕴含着巨大的利益。为了眼前的既得利益和长远利益,侵害农村离婚妇女宅基地使用权的现象就更加严重。因此,本文希望通过对我国农村离婚妇女宅基地使用权受侵害的现象分析,揭示当前我国法律对农村离婚妇女宅基地使用权保护的不足,提出些许建议,以完善对农村离婚妇女宅基地使用权的保障。本文除了引言和结语外,共分为三个部分。第一部分论述当前我国农村离婚妇女宅基地使用权受侵害的现状。结合相关材料和实际案例,指出农村离婚妇女宅基地使用权受侵害的四大表现：其一,农村妇女离婚后无法主张自己的宅基地使用权；其二,农村妇女离婚后在娘家和婆家都失去宅基地使用权；其三,即使成为了户主的农村离婚妇女也不能长期拥有土地权益；其四,农村离婚妇女维权道路艰难。第二部分分析导致农村离婚妇女宅基地使用权受侵害的原因。包括违法的村规民约长期存在,宅基地使用权的相关规定的不合理,相关法律对农村离婚妇女宅基地使用权保护力度不够以及农村集体经济组织成员资格认定的缺失。第三部分是对如何完善农村离婚妇女宅基地使用权保障提出些许建议。包括加强对村规民约的监管审查,完善宅基地使用权的相关制度和相关法律对农村离婚妇女的保护以及尽快出台关于农村集体经济组织成员认定的标准。
[Abstract]:China has more than 900 million agricultural population, including more than 400 million women. In the rural areas with large population, the protection of the rights and interests of rural women has always been the focus of the protection of women's rights and interests in China. With the development of society, divorce cases in rural areas in China have increased year by year in recent years, how to strengthen the protection of the rights and interests of rural divorced women has become particularly important. The related rights and interests of rural divorced women are not only related to their own production and life guarantee, but also related to the harmony and stability of rural society. If the relevant rights and interests are not protected, it will directly lead to their survival crisis and bring great negative influence to the construction of new socialist countryside. In the treatment of rural divorce cases, it will involve many rights such as personal rights, property rights, marriage and family rights of rural women, among which the property rights are of great importance, and the right to use the homestead in the property rights is often ignored by people. At the same time, with the acceleration of urbanization in China, the rural residential land in the suburbs contains enormous benefits. For the immediate vested interests and long-term interests, the phenomenon of encroachment on rural divorced women housing use rights is even more serious. Therefore, through the analysis of the phenomenon that the rural divorced women's right to use the house land has been infringed, this article hopes to reveal the insufficiency of the current law of our country to protect the right to use the house land of the rural divorced women, and put forward some suggestions. In order to improve the rural divorced women housing use rights protection. In addition to the introduction and conclusion, this article is divided into three parts. The first part discusses the current situation of the rural divorced women's right to use the house. Combined with relevant materials and practical cases, this paper points out the four major manifestations of rural divorced women's right to use the homestead: first, rural women can not claim their own homestead use right after divorce; second, Rural women have lost the right to use their homestead after divorce; third, even rural divorced women who have become heads of household can not have long-term land rights; fourth, rural divorced women have a difficult road to protect their rights. The second part analyzes the causes of the rural divorced women's right to use the house. Including the long-term existence of illegal village rules and regulations, the unreasonable provisions of the right to use homestead, the lack of protection of rural divorced women's right to use homestead and the lack of membership in rural collective economic organizations. The third part puts forward some suggestions on how to improve the security of rural divorced women's right to use house land. It includes strengthening the supervision and examination of village rules and regulations, perfecting the relevant system of homestead use right and the protection of rural divorced women by relevant laws, and issuing the standards on the identification of members of rural collective economic organizations as soon as possible.
【学位授予单位】：福州大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.32

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