The voice of "married woman": Give me back my responsibility field!
At present, in rural areas of China, after some women get married, their registered permanent residence remains at their parents' home for various reasons, and all the rights and obligations of a farmer, such as contracting responsibility fields and grain ration fields, remain at their registered permanent residence. However, due to the increasingly prominent contradiction between a large population and a small land in our country, some localities have formulated "village rules and regulations" to recover the responsibility fields and grain fields of married women, which has violated the rights of some married women with registered permanent residence in their parents' homes to varying degrees. In order to win back the land as the basis of their livelihood, they ran around until they went to court.
Married women have no contracted land.
1997 1 month, 26-year-old Wang Xiaofei married Chen Yong, a villager in Fuxing Village, Wangxing Town, Jiangsu Province. In June of the same year165438+1October 13 gave birth to a son named Chen Hua. However, Wang Xiaofei's registered permanent residence is still in her family's home, and she has not moved to her husband's place in Hongqi Village, jinqiao town, the city. The fields and rations she is responsible for also stay in Hongqi Village. She returned to the village on time to farm and harvest crops, and paid various agricultural taxes and fees according to regulations. She thought she could live such a stable life in the future. Unexpectedly, due to the land change, she had to go to court in the small town where she had lived for more than 20 years.
From 65438 to 0998, according to the relevant spirit of the central authorities, a major land adjustment was carried out nationwide. In the process of land adjustment, Hongqi Village held a villagers' meeting. After discussion, it was decided that married women in the village could move out and no longer enjoy the treatment of villagers such as contracted fields. As the saying goes: the water spilled by the married girl. In the eyes of the villagers, since a woman is married, she is a foreigner, and the land is certainly not yours. Hongqi Village deprived Wang Xiaofei of her land contracting right on the grounds that she was married, and did not let her continue to enjoy the contracted land.
What worries Wang Xiaofei more is that his son's registered permanent residence has not been reported. Before the household registration reform, the child's household registration should be settled with the mother's household registration. However, the public security organ asked him to show the certificate issued by the local village Committee. So, she found the village Committee of Hongqi Village. However, the village committee refused to issue a certificate for Wang Xiaofei, because he was married, and the village committee had no obligation to issue a certificate. Now my son is 6 years old and has reached the age of going to school, but his household registration has never been reported.
I am a rural hukou. I want to farm and eat from the ground. Without land, I have no place to eat. And he gave birth to his son in full accordance with the provisions of family planning, but his son became a "black hukou" with nowhere to settle down, which made Wang Xiaofei feel unfair. She decided to fight for herself and her son. To this end, she has repeatedly applied to the village Committee and the town government to handle this matter, but she has never received a reply. On May 20th, 2002, she petitioned the People's Government of jinqiao town, and on May 23rd of the same year, she wrote to the Municipal Bureau of Letters and Calls. After receiving the petition, the Municipal Bureau for Letters and Calls immediately forwarded the application letter to the town government. After investigation and verification, the town government failed to give Wang Xiaofei a satisfactory answer.
After several years of running around, Wang Xiaofei still has no result. In desperation, she decided to seek justice for herself and her son through legal channels.
The town government went to the dock.
On July 14, 2003, Wang Xiaofei and his son Chen Hua filed an administrative lawsuit on the grounds that the jinqiao town Municipal People's Government failed to perform its statutory duties according to law, requesting the court to order the defendant to perform his statutory duties on Chen Hua's application for an account and the implementation of the contracted land.
Plaintiffs Wang Xiaofei and Chen Hua believe that Plaintiff Wang Xiaofei married Chen Yong, a villager in Fuxing Village, Wangxing Town, on 1997 1 month, and his registered residence has not moved out after marriage. In the same year165438+1October 65438+March, she gave birth to her son Chen Hua. Wang Xiaofei, the plaintiff, was deprived of villagers' rights such as contracted land for no reason in the village, and Chen Hua failed to declare his household registration because there was no proof in the village. To this end, he repeatedly applied to the village Committee and the town government for handling, but the defendant has not given a reply so far. Request the people's court to order the defendant to perform legal duties on Chen Hua's application for household registration and the execution of the contracted land in Wang Xiaofei.
The People's Government of jinqiao town, the defendant, thinks that the plaintiff's litigation subject is improper. First of all, the plaintiff never submitted a written application directly to the defendant, and the defendant only received a letter from the masses that the plaintiff reflected the situation from the Municipal Bureau of Letters and Calls. In this regard, the defendant has made a reply to the Municipal Bureau of Letters and Calls, so the plaintiff listed the defendant as the subject of litigation improperly; Secondly, the plaintiff asked the defendant to declare the account for Chen Hua, which was unfounded in the law. Public security organs are the functional organs of household registration management. Chen Hua should apply to the public security organ according to the regulations, and there is no legal basis for the plaintiff to ask the defendant to declare an account for Chen Hua. Third, the plaintiff Wang Xiaofei claimed that the rights of villagers such as contracted land in Hongqi Village, jinqiao town were unreasonable. After the plaintiff Wang Xiaofei married Fuxing Village in Wangxing Town on 1997, she should move her household registration to Fuxing Village. According to the principle of villagers' self-government, it is stipulated that married women in the village can move out and no longer enjoy the treatment of villagers such as contracted fields after discussion and decision by the villagers' assembly. The defendant believes that the plaintiff's claim lacks corresponding facts and legal basis.
The plaintiff refuted the defense of the defendant jinqiao town Municipal People's Government. They think that they have applied to the defendant immediately, and the petition letter sent by the plaintiff has also been forwarded to the defendant for handling, indicating that the defendant knows the contents of the plaintiff's application; Chen Hua declared his household registration, and the public security organ asked the village Committee to issue a certificate, but the village Committee refused to issue a certificate, which led to Chen Hua's household registration not being reported so far, indicating that the defendant failed to perform his statutory duties; Instead of contracting the land to the plaintiff, the defendant distorted the facts, claiming that the plaintiff Wang Xiaofei enjoyed the grain field of Wang Xing Town's husband's family. The defendant's behavior clearly violated the marriage law and the law on the protection of women's rights and interests, and requested the people's court to deal with it according to law.
In this regard, the defendant believes that the defendant has fulfilled his statutory duties according to law. After receiving the letter from Wang Xiaofei from the Municipal Bureau of Letters and Calls, the defendant conducted an investigation, held a mass forum, and formed a written report to the Municipal Bureau of Letters and Calls, without the fact of negative inaction; The land adjustment in Hongqi Village is carried out according to the principle of villagers' autonomy. The registered permanent residence of married women in village rules and regulations can be moved out and not distributed to the contracted land, which does not violate the prohibitive provisions of the law, is legal and conforms to the national conditions, people's feelings and village conditions; Chen Hua's declaration of household registration is not the defendant's legal obligation, and there are no laws and regulations requiring the village Committee to issue relevant procedures for declaration of household registration.
Judgment determines right and wrong.
The court held through trial that the plaintiff's Wang Xiaofei household registration had not moved out, and his village and group had cancelled its contracted land. Although it was decided by the villagers' representatives that the contracted land should not be given to the plaintiff Wang Xiaofei, according to the second paragraph of Article 20 of the Organic Law of Villagers' Committees of the People's Republic of China: "The articles of villagers' autonomy, village rules and regulations, matters discussed and decided by villagers' meetings or villagers' representatives' meetings shall not contravene the Constitution, laws, regulations and national policies. There shall be no content that infringes villagers' personal rights, democratic rights and legitimate property rights, and the matters decided by villagers' representatives shall not violate the provisions of laws and regulations. Articles 30 and 50 of the Law on the Protection of Women's Rights and Interests in People's Republic of China (PRC) and Articles 21 and 27 of the Measures of Jiangsu Province for the Implementation of the Law on the Protection of Women's Rights and Interests in People's Republic of China (PRC) all clarify that women enjoy equal rights with men. At the same time, the responsibilities of the people's governments of townships and towns are stipulated. The villagers' representatives decided not to contract the land for the married Queen Phillips, which obviously violated the law. After knowing this situation, the defendant jinqiao town People's Government did some investigation and coordination work, but did not formally instruct the village to study and solve it in the name of the government. Therefore, our hospital should support the plaintiff Wang Xiaofei's request for the defendant to perform legal duties on matters such as contracted land. In this case, the plaintiff petitioned the jinqiao town Municipal People's Government 1 time on May 20, 2002, and submitted a written petition to the Municipal Bureau of Letters and Calls on May 23 of the same year, applying for forwarding the letter to the defendant, but the defendant failed to register the plaintiff's petitions in detail, and the application letter was lost due to improper storage. According to the provisions of the burden of proof, although the plaintiff's application is not standardized, the defendant actually knows the problem to be solved by the plaintiff's request. Therefore, the fact that the plaintiff applied according to law is objective and should be confirmed.
Whether the plaintiff Chen Hua's declaration of household registration is the defendant's legal obligation. According to the Regulations on Household Registration in People's Republic of China (PRC) and the Regulations on Household Registration Management in Areas Below County Level in Jiangsu Province, the public security organ is the household registration authority, and the police station is the household registration authority. It is the duty of the public security organ to declare Chen Hua's household registration. After she was born, her guardian or other close relatives reported her birth registration with the birth medical certificate and household registration book. Laws and regulations do not stipulate that household registration must be proved by the village Committee. In reality, it is not standard to ask the village Committee to issue a certificate, which lacks legal basis. Therefore, the household registration of the plaintiff Chen Hua in this case should be handled by the public security organ according to law. Therefore, the original claim that the defendant failed to fulfill the obligation to register Chen Hua and his household registration according to law was not established and was not adopted.
On February 22, 2003, our hospital conducted a trial in accordance with the provisions of Item 3 of Article 54 of the Administrative Procedure Law of the People's Republic of China and Item 1 of Article 56 of the Supreme People's Court's Interpretation on Several Issues Concerning the Implementation of the Administrative Procedure Law of the People's Republic of China, and sentenced the defendant jinqiao town People's Government to take corresponding specific administrative actions against the plaintiff Wang Xiaofei's claim for the right to contract land. Reject the claims of the two plaintiffs requesting the defendant jinqiao town People's Government to register the plaintiff Chen Hua and registered permanent residence;
The case of safeguarding rights left a question for consideration.
This case happened in a city in northern Jiangsu Province, focusing on the land contracting rights of married women. The significance of this case does not lie in the case itself, but illustrates a problem, that is, women's loss of land contracting rights due to marriage does exist in rural areas of China, and in some places it is even very serious. During the trial of this case, CCTV reported that the rights and interests of "married women" in rural areas of China were infringed. According to reports, among the people who have no land contracting right in rural areas of China, 30. 1% of women lost their land due to marriage, 0.9% lost their land due to divorce, and 22.6% of women have never been assigned to contracted land. This phenomenon still exists in Jiangsu Province. The judge in charge of the case wrote in the postscript to the judgment: "There are hundreds of problems in Jinqiao City alone." At the same time, the case raises a question for us: When will the rights and interests of "married women" be repeatedly violated? In a sense, this problem is really related to women's basic right to exist, which should be paid attention to and properly handled.
In view of the infringement of the rights and interests of "married women", relevant experts pointed out that the land use rights of "married women" are infringed in various ways, which can be summarized into three main types: (1) Women who are married to urban residents are temporarily unable to move into cities and towns due to the current urban household registration management system; (2) The married woman lives in the woman's residence with her husband, and the household registration has not moved out; (3) divorced or widowed women and their children, the household registration relationship has not moved.
The rights and interests of "married women" are often violated. According to the analysis of relevant people, the reasons mainly come from five aspects: First, the feudal consciousness of preferring sons to daughters is deeply rooted, and "marrying women and splashing water". Under the influence of feudal ideology that men are superior to women, village committees in many places deprive married women and their children of all kinds of legitimate rights and interests in the form of "village rules and regulations". Some rural land policies obviously ignore women's interests, which are nominally passed by villagers' congresses and signed and sealed by everyone. Often the villagers' representatives are basically men, seemingly "democratic", but in fact they completely violate the principle of equality between men and women. Second, some grassroots cadres and party member have a weak legal concept. Faced with the call of "married women" who constantly advocate rights, many cadres are indifferent; Third, there are loopholes in some local policies, and relevant regulations are contrary to the law; Fourth, some local governments' safeguard measures are weak, and some long-standing problems have never been solved. Fifth, the marriage custom of "being a husband" makes more women than men in marriage flow. However, not all married daughters will bring their hukou to the man. Although the married women who left their household registration in the original village are a minority after all, they can be said to be a minority or marginal group, so they may be violated by some rights and interests, especially in the case of scarce resources. Traditional customs or village rules and regulations in rural areas often ignore the provisions of the marriage law and the law on the protection of women's rights and interests, which makes women who "marry women", "enter the door" and return to the village after divorce suffer great discrimination.
Some experts pointed out that the most important way to solve the problem of "the infringement of married women's land contracting rights" is to improve the law, strengthen publicity and act according to law. At present, the increase of petitions and legal disputes mostly occurs in the second round of land contracting, which shows that there is a lack of specific corresponding laws and regulations in this transitional period. Although there is the Law on the Protection of Women's Rights and Interests, it is only a framework guidance, and the current land management laws and regulations also lack specific operating rules in this regard. Therefore, even if the villagers have legal awareness, they don't know what to do, and the villagers' congress often doesn't consider the demands of a few people, so the land use rights of married women are violated everywhere. Therefore, extensive legal education and publicity in rural areas have made the villagers have legal awareness and gender equality awareness, and made everyone realize that the customs and concepts that discriminated against women and violated women's rights and interests in the past were wrong and violated the law. At the same time, improve the awareness of legal rights protection of "married women" and encourage "married women" whose legitimate rights and interests have been violated to use legal weapons to safeguard their rights and interests. In terms of land distribution, we strictly follow the household registration to distribute basic land such as grain ration fields, and sanction some practices that infringe on women's rights and interests. In addition, we should strengthen the construction of rural civilization and change rural customs. "Being married" and "being married" should be equally respected, divorced and widowed women should not be discriminated against, and women's rights and interests should be widely and effectively safeguarded.
Land is the lifeblood of farmers, so if those rural women lose their land, their lives will be in poverty, their personality and status will not be independent, and they will become accessories of men. We all have brothers and sisters, and everyone has a mother. We believe that no one wants to see his sister or mother in a lonely state. At present, our country is speeding up the pace of legal system construction, the law will be more perfect, and the enforcement in various places will be greater. The days when the rights and interests of rural women, especially "married women", are guaranteed are not far away.
(The names of people, towns and villages in the text are pseudonyms)
Related legal links:
Article 20 of the Organic Law of Villagers' Committees of the People's Republic of China stipulates: "... the articles of autonomy of villagers' committees, village rules and regulations, matters discussed and decided at villagers' meetings or villagers' representative meetings shall not contravene the Constitution, laws, regulations and national policies, and shall not infringe upon villagers' personal rights, democratic rights and legitimate property rights."
Article 30 of the Land Contract Law stipulates that during the contract period, if a woman gets married and fails to obtain the contracted land in her new residence, the employer shall not take back her original contracted land; If a divorced or widowed woman still lives in her original place of residence or does not live in her original place of residence but has not obtained the contracted land in her new place of residence, the employer shall not take back her original contracted land.
protection of women and children of the people's republic of china
Article 30 stipulates that men and women enjoy equal rights in the division of responsibility fields and grain ration fields. The approval of homestead in rural areas shall not infringe upon the legitimate rights and interests of women.
After a woman is married or divorced, her responsibility field, grain ration field and homestead should be guaranteed.
Article 50 Paragraph 1 (5) stipulates the division of responsibility fields and ration fields. If the approval of the homestead violates the principle of equality between men and women and infringes on the legitimate rights and interests of women, the unit to which it belongs or the higher authorities shall order it to make corrections, and administrative sanctions may be imposed on the persons who are directly responsible according to the specific circumstances:
Article 21 of the Measures for the Implementation of the Law on the Protection of Women's Rights and Interests in People's Republic of China (PRC) Province stipulates that if rural women move to other villages after marriage or divorce, the responsible farmland, grain ration farmland and homestead will be solved by their residence. Before the implementation, the place where the original household registration is located shall not deprive it of its responsibility field, grain ration field and homestead.