外嫁女及其子女土地权益纠纷原因分析及权益保护路径探寻  

An Analysis of the Causes of Land Right Disputes between Married Women and Their Children and Exploration of the Ways of Right Protection

作　　者：陈卓 田民 CHEN Zhuo;TIAN Min(Faculty of Law, Macao University of Science and Technology, Macao Special Administrative Region 999078, China;Shandong Rongping Lawyer's Office, Jinan, Shandong 250000, China)

机构地区：[1]澳门科技大学法学院,中国澳门特别行政区999078 [2]山东省融平律师事务所,山东济南250000

出　　处：《湖北职业技术学院学报》2021年第4期93-98,共6页Journal of Hubei Polytechnic Institute

摘　　要：外嫁女及其子女的土地权益纠纷关涉土地利益分配问题。由于目前农村重男轻女的观念依然存在,有的地方文件对外嫁女及其子女土地权益保护的规定较模糊,司法机关在此类案件中态度不够明确,外嫁女及其子女维权道路艰难。为此,可放宽女性集体经济组织成员身份认定规则,拓宽司法救济渠道,加强宪法的适用,教育村民转变重男轻女的观念,加强对村民自治的约束。The land right disputes of married women and their children are related to the sensitive topic of the distribution of land benefits and there have been continuous disputes over the past years.The disadvantaged status of female groups in politics,economy and family makes their land rights in collective economic organizations often overlooked.After marriage,their land right cannot be guaranteed and their children's land rights will be accordingly affected.At present,the notion of patriarchalism still exists.Villagers are conservative in their thinking.The infringement of women's rights and interests in village rules and folk agreements is more common.It is inconvenient for local government to intervene due to the existence of the autonomous system,and local normative documents protect the rights and interests of married women and their children.The provisions of the law are vague and difficult to be practiced.The judiciary's attitude towards the disputes over land rights between married women and their children is not clear,and such cases cannot be substantively reviewed.The road to right protection for married women and their children is bumpy,and they are caught in a dilemma.This article will summarize the current situation of married women and their children in the protection of rural land rights,analyze the main reasons for the difficulties in identifying members of collective economic organizations for married women and their children,explore the legal basis for the protection of rights and interests of related groups and seek the way out for the protection of children's rights and interests for married women and their children.

关 键 词：外嫁女及其子女 土地权益纠纷 集体经济组织成员身份认定 

分 类 号：D923.2[政治法律—民商法学]