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在土地集体所有、家庭经营及农村土地使用权长期化、市场化的制度架构与政策背景下,农村妇女土地权流失问题逐渐凸现出来。与农村男性相比,妇女地权更不安全或缺乏保障,并体现在家庭继承、村集体分配和市场交易等三种获得土地途径中。现阶段妇女地权保障是有限的,因为保障妇女土地权利制度之间存在冲突。在妇女地权的界定上,法律赋予了妇女土地权利,并倾向于保障其在原居住地的土地权利,而习俗却是要求妇女在新居住地获得土地,这不仅降低了法律的可操作性,也减弱了法律对妇女权利保护力度。妇女土地产权界定的特殊性及产权保护的有限性,共同决定了妇女地权的不安全性。
Under the institutional framework and policy of collective ownership of land, family management and long-term and market-oriented rural land use rights, the issue of rural women’s loss of their land rights gradually emerged. Compared with rural men, women’s land tenure is more insecure or insecure, and is reflected in three ways of obtaining land: family inheritance, village collective distribution and market transactions. At this stage, women’s land tenure protection is limited, because there is a conflict between the system of women’s land rights protection. In the definition of women’s land rights, the law gives women the rights to land and tends to protect their land rights in the place of their original place of residence. However, the custom that requires women to obtain land in new places of residence not only reduces the operability of the law, It also weakens the law’s protection of women’s rights. The particularity of women’s land property rights definition and the limited protection of property rights jointly determine the insecurity of women’s land rights.