1、1Protection on Chinese Rural Womens Land Contract Management Right from the Perspective of Social GeAbstract. Chinese rural women belong to vulnerable groups， whose land contractual management right is more vulnerable than mens. Although the law has done protective regulations corresponding to this
2、problem， in real life， because of the imperfection of the legal consciousness of Chinas traditional customs， the villagers and the lack of a legal system， rural women are often unable to safeguard their legitimate right and interests， making the rural womens land contract management right damaged in
3、 the different extent. From the perspective of social gender， this paper analyzes the reasons of the vulnerable rural womens land contractual management right and meanwhile puts forward recommendations to improve the protection system. Keywords： Social Gender； Chinese Rural Women； Land Contract Mana
4、gement Right； Infringement； Protection 1. Introduction In some rural areas of China， land carriesthe special 2function to protect the basic livelihood of farmers. Rural women are in a weak position in terms of economic status， educational level， and social status. Land is their source of survival an
5、d development. Therefore， the Chinese “Land Contract Law“， “Womens Rights Protection Law“， “Marriage Law“， and other laws and regulations specified the right of equality between men and women colleagues， the protection of womens land rights and derivative rights of land rights. But lawmakers related
6、 laws and lack of sensitivity to gender and specific provisions on the principle of equality between men and women and for womens special circumstances， ignoring the rural family members especially the flow and change of the female members and “stable“ land of contradictions， which did not foresee “
7、virilocal“， which is a unequal marriage custom in the Chinese rural society and thinks that women are inferior to men and other adverse effects on womens ideas. Therefore， in the law enforcement process， rural womens land contractual management rightis difficult to obtain actual equality with men in
8、 resources and opportunities. According to the Chinese Federation of Women Rights Department “rural landless womens land rights and related survey data“ in all of the respondents， 13.8% of the surveyed 3women “never have contracted land“， still have contracted land villagers， the average number of m
9、ale owned land （0.87 acres） than women （0.73 acres） ， was investigated in some villages， the average male area even is nearly two times that of women； for the contracted land are expropriated and landless villagers， the proportion of women （58.9%） is higher than the male； the contracted land is expr
10、opriated or requisitioned， 23.9% of landless women did not get the land acquisition compensation. Through the above data we can see that， China rural womens land contract management rights are easily infringed， and the damage is very serious. That is to say the rural womens right to land contractual
11、 management compared with men are equal under the law and the essence is not equal， the starting point is the fair and the process is not fair. 2. Analysis of the causes of Chinese rural womens vulnerable land contract management rights from the social gender perspective To completely change the gen
12、der inequality， depending on the legal form of recognition of the equality between men and women is not enough. The more important thing is to find the deep cultural roots of inequality. Gender theory is born in this cognition. Gender is a concept corresponding to 4physiological sex， refers to the d
13、ifference between male and female formed by social culture， as well as belonging to the male or female group characteristics and behavior patterns formed in the social culture. Gender especially emphasizes the important influence of social system and cultural construction factors in shaping womens r
14、ole in society. Is the difference between institution and culture rather than biological differences result in the role and the behavior of men and women， social expectations on the role and behavior of women often is the extension of the provisions of the female sex， the sex concept is a product of
15、 socialization. Through the social gender theory， we can analyze why in the same land system specification， men and womens right to land contractual management implementation situation there will be differences， womens right to land contractual management is more susceptible to damage. 2.1 The feuda
16、l traditional culture neglects the rights of women In Chinese rural， feudal thought thinks that women are inferior to men， men are superior to women is still ingrained. This traditional concept is still about vast villagers including female villagers thoughts. Many of the villagers in 5the men are s
17、uperior to women at the same time， the lack of legal concept， the relevant provisions of the rural womens land rights and interests do not understand， think “the daughter married， poured out of the water“， so long as the female married， then behoove to make in the village have contracted to marry. F
18、or the divorced or widowed women， they no longer belong to the family， and then the government should take back the contracted land. The male is “the rock bank person“ concept has been generally recognized in the rural areas， and rural women in traditional as virilocal， male and female in traditiona
19、l customs and ideas， has the very strong attachment to family， so that the rural women in the land rights for forever only in the attachment position， make clear the rights and interests of women belonging to their own land more fuzzy. The feudal traditional culture in the rural ingrained， life and
20、growth in nature is the womens land contract management rights and interests are violated， which cannot be easily ignored. 2.2 Rural womens legal consciousness is weak Because of the influence of feudal traditional culture of men are superior to women， rural women with low levels of education， and e
21、ven a considerable part of rural women， 6particularly in older women are illiterate， which to some extent affected them for legal knowledge to understand and accept. But， in the vast majority of Chinas rural areas， villagers are basically did not receive any land rights legal advocacy and profession
22、al guidance， for the special legal protection for womens right to land contractual management is poorly understood. If they do not know their own enjoyment of what legal rights and obligations， so the use of legal weapons to protect their own rights and interests will be impossible. Cultural quality
23、 is relatively low and tradition together becomes an important reason for rural womens rights consciousness. In rural areas， women “marry a chicken with chicken， say“ consciousness is very strong， once the disputes within the family when they often choose to swallow insult and humiliation silently，
24、coupled with strong local environment in the blind to women the pressure of public opinion and the objective environment， making the rural women in the right is infringed when not also do not have the ability to use the law to safeguard their right. 2.3 Reflect the “male culture“ and “village“ infri
25、ngement The twentieth article in “Village Committee Organization Law“ confirmed the village as an autonomous specifications 7role in villageself-government. However， highlight the special features Chinese in rural male culture. Citizens who participate in the formulation of the agreements are basica
26、llymale， therefore the enacted regulations come very naturally from the protection of male interests， which will naturally or half unconsciously ignore or harm womens rights and interests. Therefore， in a lot of village rules， rules are violated the legitimate rights and interests of villagers inclu
27、ding rural womens land rights. Besides， a lot of rural cadres awareness of the rule of law is weak， often with respect “villager autonomy“ legal form， by the villagers vote reflected “male culture“ of the village， the rural womens land rights and interests “organized， violations according to“. A “lo
28、cal“ such provisions： accounts from the divorced woman contracted land in land adjustment will be recovered； divorced women account to return home does not enjoy the family per capita arable land rights； not help her divorce women contracted land in land adjustment will be recovered regardless of wh
29、ether to move out of account， or registered permanent residence and residence are in her divorce women like to enjoy per capita arable land rights must be approved by the villager congress more than 2/3 of the members consent. Such 8representative male culture village regulations or unwritten practi
30、ce makes the rural womens land contract management rights deprived and restricted， due to regulatory gaps， rural “customary law“， “local policies“ of the laws and regulations of the state have a strong rejection and resistance. 3.2 To strengthen the review of the management regulations Making villag
31、e is right “Village Committee Organization Law“ given the rural autonomy organization， is an important manifestation of the villagers autonomy， should be given full respect. But as mentioned， some village regulations and content clearly illegal， violating some villagers especially womens interests.
32、According to the “Village Committee Organization Law“ provisions of article twenty-seventh， the county Party committee and government should review of illegal organizations， to carry out cleaning guide township government regulation， responsibility lies in the township government regulation error co
33、rrection. This suggested that the organization as soon as possible， a comprehensive cleanup examination regulations， on the contrary to the current law， infringes upon the legal rights and interests of women should be amended or repealed， to safeguard the authority of law. At the same time， improve
34、the village the record review system， 9village regulations formulated or revised submitted after the townships approve and send the record to the purposes of county-level peoples congress. 3.3 To strengthen the protection of rural womens land contract management right The right to land contractual m
35、anagement refers to the farming， aquaculture and livestock and other agricultural purposes， enjoy the land all the collective economic organizations or national possession， use， income rights. “Property law“ has been clearly the right to land contractual management right is usufructuary right as pro
36、perty right protection， and to the. But because the “provisions on the right to land contractual management right law“ is too abstract， “Regulations for the protection of land contract law“ and other relevant laws on marriage changes of rural womens right to land contractual management is too princi
37、ple， strong operability， leading to rural women in the reality of the contracted land subject to restrictions and deprivation， property right protection therefore also need to strengthen the rural womens land contract and management rights. Firstly， according to the following items in the “rural lan
38、d contract law“ clearly prescribed in relevant： （1） for 10registration of the right to land contractual management， in the contracted management of land certificate lists all Contractors name， in order to clear the family contractual operation right of land a total of the common people. （2） The fami
39、ly contracted land circulation shall， with the consent of all the owners consent， otherwise the transfer act invalid； （3） to get married， divorced， widowed women leave the original place of residence， the right to the contracted management of land in the contract period allowed them to exercise or t
40、o transfer； （4） for rural areas womens right to land contractual management by illegal restriction and deprivation， the existing law stipulates the legal liability of infringement shall bear， but not related to the victims right of real claim. Secondly， in order to prevent the existence of rural col
41、lective organization using the “rural land contract law“ provisions of article thirtieth vulnerabilities deprivation， against marriage changes of womens right to the contracted management of land， the shall be amended as： “the contract period， womens marriage， right as a new residence of the collective economic organization have contracted land， the contracted land in new residence， the original residence the employer to recover the original
