摘要
随着城市化进程的加快,农村"外嫁女"土地权益纠纷日益增多,以政府主导建构的国家法秩序主张对农村妇女权益的平等保护,而经验演化形成的村规民约却沿袭旧习不承认其集体组织成员资格。究其原因,在思想观念方面,男女平等冲击父权逻辑,个人本位解构家庭本位。在经济方面,土地权益由实体物权向股权转变,人与土地具有较强的流动性与相对独立性,村民权利与义务的不对等引发利益冲突。在制度层面,村规民约中规定的成员资格认定问题和侵害弱势群体权益问题突出。欲妥善解决"外嫁女"权益纠纷问题,应寻求国家法与村规民约二元法秩序的平衡,建立多元纠纷解决机制,谨慎对待个人本位的股权固化制度,不断完善村集体成员资格认定制度和村规民约备案审查制度,以期实现"外嫁女"权益纠纷的二元法协调。
With the acceleration of urbanization,disputes over rural married women’s land rights are increasing.The state law led by the government advocates equal protection of rural women's rights.However,the village rules formed by the evolution of experience follow the old customs and do not recognize the membership of married women.In terms of ideology,gender equality impacts patriarchal logic and individual standard deconstructs family standard.In terms of economy,land rights have changed from substantive property rights to equity rights.People and land have strong liquidity and relative independence.Villagers’unequal rights and obligations lead to interest conflicts.At the institutional level,the problems of membership identification and infringement on the rights of vulnerable groups stipulated in village regulations are prominent.In order to properly solve the disputes,we should seek the balance between the state law and the village regulations.We should establish a multi-dispute resolution mechanism and treat the individual-based equity consolidation system with caution.Constantly improve the identification system of village membership and the review system of village regulations,in order to achieve the dual law coordination in disputes over the rights of rural married women.
出处
《民间法》
2019年第1期474-485,共12页
关键词
外嫁女
村规民约
土地权益
妇女权益
rural married women
village rules
land rights
women rights
