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2003年国家开始推进土地承包经营权确权颁证登记试点工作,部分地区出台地方性文件规定要保证农村妇女“证上有名,名下有权”。这一政策性规定,体现了对男女平等价值观的遵循,是对农村妇女主体身份的确认,也考虑到了对改善家庭中两性关系、农村妇女家庭地位和社会参与的正向影响。而实践层面的推进却面临诸多困难:法律规制的男女平等权利概念尚未获得农村社会的充分认同,“从夫居”婚俗容易致使妇女陷入人地分离的境地,对村民自治制度的权力边界存在认识误区,缺乏层层传导应对歧视性村规民约的法律与行政相结合的途径。今后中国应该坚持中国共产党一贯遵循的男女平等的政治主张和价值立场,根据形势变化及时调整完善相关土地政策,加强人大监督和上下级政府间的层级领导,实现法律、政策、行政手段的有效衔接。
In 2003, the state began to push forward the trial registration of land contracting and management right certification registration, some localities promulgated local documents to ensure that rural women “have a name on the card and have the right under the name ”. This policy stipulates that the observance of the equality values of men and women is a confirmation of the identity of rural women and also takes into account the positive impact on improving family relationships among men and women, family status of rural women and social participation. However, the promotion of practical aspects is confronted with many difficulties. The concept of equal rights of men and women regulated by law has not yet been fully recognized by the rural community. The marriage customs of women often result in the separation of women from human beings, the power boundaries of the system of self-government of villagers, There are misunderstandings, the lack of layers of conduction to deal with discriminatory village rules and regulations of the law and administration of the combination of ways. In the future, China should uphold the political standpoint and value stance of equality between men and women that the Chinese Communist Party has always followed, timely adjust and improve relevant land policies in light of the changes in the situation, strengthen the supervision of the people’s congress and the hierarchical leadership among the superior and subordinate governments and realize the effective linkage of laws, policies and administrative measures .