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Research on the Litigation Mode of the Married-off Women’s Rights and Interests Dispute

Author: LiWei
Tutor: YuJun
School: South China University of Technology
Course: Legal
Keywords: married-off women from the villages dispute on the rights and interests litigation mode rural economic collectives villagers committee restructuring company by the village neighborhood office
CLC: D925.1
Type: Master's thesis
Year: 2011
Downloads: 90
Quote: 0
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Abstract


This paper aim to make research on the topic of litigation mode on the married-off women’s rights protection, mainly based on several prospectives including: (1) with the urbanization progress quickening, for a large amount of land in the country have been expropriated for the usage of non-agricultural construction, as villagers reallocate the derivative interests of lands, the limited measures have been taken on the married-off women from the villages. (2) the married-of women from the villages cannot get relief as they get acknowledge of the infringement of their rights and interests. Administrative organs hold that they have no rights to interfere the villagers’ self-governing issues, on the other hand, civil tribunals of the people’s court refuse to accept the cases related to the married-off women from the village for the reason of inequality between the parties of the suit. (3) Guangdong province propose the "three-stage strategy" mode to solve this problem, which request that the married-off women submit application to the administrative organs of the street or town, after the influence of the administrative organs, the administrative lawsuit can be proceeded. (4) the writer hold that the "three-stage strategy" proposed by Guangdong province have its own deficits: on one hand it cannot provide reasonable protection for the litigative rights of the married-off women, furthermore, the administrative organs of the street or town lack of the unequivocal functions, which will lead to more disputes.This paper argue from the problem that what kind of litigation mode can provide protection for the married-off women, including four parts: first, the introduction shows the significance of the research on this problem under the nowadays system and the research approach adopted by this paper for the sake of the universality of the problem through a lot of analysis of materials and data; second part analyzes the actual situation and reasons of the difficulty of litigation proceed by the married-off women, and discuss the conflict of the law, hardness of the mediation hold by administrative organ and difficulty of judicial protection; the third part analyze the legal relations of the married-off women lawsuit, based on the comparative analysis of the legal system and legal principles and the legal cases; the forth part tend to find the situation for the legal suit mode of the married-off women lawsuits. The author hold that in the married-off women cases, the married-off women may proceed civil lawsuit as the infringement of the economic collectives.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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