农村婚迁妇女土地承包经营权保护研究——以物权效力为视角

摘要

The prescript of contracted land use rights in Property Law and its influences were described at first.Then,the status quo of contracted land use rights of rural marriage-moving women was introduced.Meanwhile,the causes for infracting contracted land use rights of rural marriage-moving women were analyzed.In the end,how to protect land benefits of rural marriage-moving women was studied.Because identity of rural women who are the members of the collective economic organization is always moving with their marriage,thereby leading their contracted land use rights always have changing or lost risk,which also block the realization of validity of real right.As a complete usufructuary right,its subject qualification should be clearly defined in legislation.That is,within the validity period,the owner of right free from the restrictions of changes in membership.To improve the operability of the law and take a targeted protection to rural women,it is necessary to introduce a social gender perspective to legal provisions.By taking these measures,rural women could get rid of family and identity,thus solve the problem fundamentally.%阐述了《物权法》对土地承包经营权的规定及其影响,介绍了农村婚迁妇女土地承包经营权现状,分析了农村婚迁妇女土地承包经营权受侵害原因,并对如何保护婚迁农村妇女土地利益进行了研究.由于农村妇女的集体经济组织成员身份具有随婚姻流动的特点,这就导致在实践中其原本应享有的土地承包经营权处于变动、灭失的风险之中,阻碍了物权效力的实现.应完善土地承包经营权使其成为一项完整的用益物权,对土地承包经营权主体资格进行明确规定;同时在法律条文中适当引入社会性别视角,提高法律的可操作性,对其进行针对性的保护.