"出嫁女"土地权益保护的困境与出路——从民间法角度切入

村委会以村规民约等方式限制、剥夺"出嫁女"的土地权益,而这种以村规民约等形式表现的民间法以单系继替偏重的社会继替规律以及"男婚女嫁"的习俗为其存在的社会基础。因此,要实现对"出嫁女"土地权益的有效保护,必须通过发展农村经济、贯彻国家计划生育政策、开展法治宣传、完善农村社会保障制度,动、消除这种民间法存在的基础,实现国家法在农村的有效推进。

The Difficult Position and Way out to Protect the Land Interests of "Married Daughters"——From the angle of folk laws

The village committees restrict and deprive those "married daughters" of their land interests by means of regulations and agreement commonly practiced in villages.These regulations and agreements commonly practiced in villages make up of the folk laws,whose existence and practice are based on the social inheritance law which emphasizes on one-side inheritance and customs of "men taking wives and women taking husbands".Consequently,in order to effectively protect the land interests of the "married daughters",we need to develop the rural economy,carry out the state policy of family planning,practice legal publicity,improve the social security system in rural areas,thus to shake and eliminate the basis of the folk laws,and to effectively improve the practice of the state laws in rural areas.