中国农村妇女土地权益受损的场域研究

发布时间：2018-01-24 10:46

本文关键词： 农村妇女土地权益场域　出处：《中共中央党校》2015年硕士论文　论文类型：学位论文

【摘要】：1978年,我国农村开始推行家庭联产承包责任制。三十多年来,这一举措极大地促进了农业生产。随着我国农业体制的改革和城镇化建设步伐加快,妇女已成为农业劳动的主体。对于我国农村妇女来说,土地是最基本的生产资料和最主要的生活保障,但是,农村妇女的土地权益却正遭受着严重的侵害。通过调查发现,农村妇女土地权益受侵害的现象群体主要是:出嫁不出村妇女、上门女婿、离婚或丧偶妇女、农嫁女的子女。权益受损的形式主要有:土地承包经营权、宅基地使用分配权、征地补偿款分配权、股份分红权、村庄集体福利分配权和政治权利。农村妇女土地权益呈现出特点有三:一是权益受损现实情况严重,呈现“一村一策”特点;二是权益受损原因复杂,呈现相对集中特点;三是维权意愿强烈,维权方式呈现多样性回溯历史,我们可以从三个阶段了解农村妇女土地财产权的拥有情况:中国农耕社会、民国时期、新中国成立后。从场域理论出发,我们可以从以下几个角度分析农村妇女土地权益受侵害的原因:将两个不同的权力群体看作农村场域的权力结构;将“家庭父权制”的规则看作农村场域的惯习;将集体成员资格看作农村场域的边界;将村规民约看作农村场域的规则;将法律政策看作农村场域的外部权力结构。因此,我们可以从场域的这几个要素出发,寻求解决农村妇女土地权益问题的方法:从平衡场域内权力结构入手,合理调整农村权力群体;从调整惯习入手,改变传统的观念和风俗;从划定场域边界入手,依法界定村民的集体成员资格;从引导场域规则合法化入手,依法制定村规民约;从外部权力入手,筑牢法律防线。
[Abstract]:In 1978, the household contract responsibility system began to be implemented in the rural areas of our country. Over the past 30 years, this measure has greatly promoted agricultural production. With the reform of the agricultural system and the acceleration of the pace of urbanization construction in our country. Women have become the main body of agricultural labor. For rural women in China, land is the most basic means of production and the most important living security, but. Rural women's land rights and interests are being seriously violated. Through the investigation found that rural women's land rights and interests of the phenomenon groups are: unable to marry out of the village women, home son-in-law, divorce or widowed women. The main forms of rights and interests damage are: the right of land contract management, the right to use and distribute the homestead, the right to distribute the compensation for expropriation, and the right to share in shares. There are three characteristics of rural women's land rights and interests: first, the real situation of rights and interests being damaged is serious, showing the characteristics of "one village, one policy"; Second, the reasons for the damage of rights and interests are complex, showing a relatively concentrated feature; The third is the strong will to safeguard rights, the way of rights protection presents a variety of retrospective history, we can learn from the three stages of rural women's ownership of land property rights: China's agricultural society, the Republic of China period. After the founding of New China, from the field theory, we can analyze the causes of the violation of rural women's land rights from the following angles: to regard two different power groups as the power structure of the rural field; The rule of "family patriarchy" is regarded as the habit of rural field; The collective membership is regarded as the boundary of the rural field; The village rules and regulations are regarded as the rules of the rural field; Regard the law and policy as the external power structure of the rural field. Therefore, we can start from the field of these elements, to find a solution to the problem of rural women's land rights and interests: from the balance of the power structure in the field. Reasonable adjustment of rural power groups; To change the traditional concepts and customs by adjusting the habit; Starting with the demarcation of the field boundary, the collective membership of the villagers is defined according to the law; Starting with the legalization of field rules, the village rules and regulations should be formulated according to law. Starting with external power, we should build a solid legal defense line.
【学位授予单位】：中共中央党校
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923.8;D669.68;F321.1

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