There is a saying in the rural areas of our country, "the water spilled by the daughter who marries". Once a rural woman gets married, she is a member of someone else's family, and it turns out that what happens in the family or village has nothing to do with herEspecially for the good thing of land and housing expropriation, everyone naturally thinks that it has nothing to do with foreign married women. Whether the out-of-home woman has the right to expropriation compensationChen Xiuyun, a lawyer at Beijing Chinese Law FirmThe following analysis was made:
First of all, "foreign married women" is not a formal legal term, but a customary term that has evolved from rural customs. At present, China's laws and regulations do not clearly stipulate whether "foreign-married women" have compensation for demolition and relocation, and there is no question of whether "foreign-married women" can enjoy the same resettlement compensation treatment as ordinary villagersMake special provisions that are different from ordinary villagers. 
However, the "special treatment" of foreign married women occurs from time to time in the process of rural expropriation. In response to these issues, on November 1, the Supreme People's Procuratorate and the All-China Women's Federation jointly released typical administrative procuratorial cases for safeguarding the legitimate rights and interests of rural women in relation to land.
There are a total of 6 typical cases in this batch, focusing on the protection of the legitimate rights and interests of "foreign-married women" in collective economic organizationsEquality between men and womenThe basic national policy is to increase the number of cases involving the lawful rights and interests of rural womenThe extent of supervision of administrative litigation and administrative non-litigation enforcement cases, strengthen investigation and verification, properly resolve disputes, and use high-quality and effective legal supervision to promote the resolution of women's urgent and difficult problems. 
The protection of the rights and interests of "foreign-married women" in collective economic organizations has become an issue of general concern in society. The newly revised Law of the People's Republic of China on the Protection of Women's Rights and Interests clearly stipulates that:Women enjoy the right to inherit on an equal footing with men, and women exercise their inheritance rights in accordance with the law without discrimination. Applications for registration of immovable property such as the right to contract and operate rural land and the right to use homestead land shall be listed in the real estate register and ownership certificate for all family members such as women who enjoy the rights. Although the "married women" who moved out of their household registration are no longer members of the original collective economic organization, they have acquired houses on the homestead landInheritance share, which can be registered asThe owner of the right to use the homestead. 
Compensation for land acquisition and demolition is related to people's livelihood and interests. Whether or not "foreign-married women" should be compensated and resettled, and whether the compensation and resettlement standards are consistent, are related to the vital interests of the masses of women. In the compensation and resettlement of land expropriation, rural collective organizations separately register the "married women" who have established householdsThe right to compensation for resettlement shall be enjoyed equally, and compensation and resettlement shall be carried out by a single household in accordance with uniform standards. 
The newly revised Law of the People's Republic of China on the Protection of Women's Rights and Interests stipulates that women's membership in rural collective economic organizations is confirmedLand contract management, the distribution of income of collective economic organizationsLand expropriation compensation resettlement orcompensation for expropriation and use of homestead landand enjoy equal rights with men. The determination of whether a "foreign-married woman" has the qualifications to be a member of a collective economic organization shall be comprehensively determined in conjunction with household registration, land contracting and management rights, rights and obligations, and so forth, to ensure that the benefits that "foreign-married women" should enjoy are not in vain. A "married woman" who is married to a villager in another village, but has not moved out of the household registration, has contracted land in the village, fulfilled the obligations of the villagers, and has not allocated the rural contracted land or land requisition money in the husband's familyMembership in collective economic organizations in accordance with lawand enjoy relevant legal rights and interests. 
Article 33 of the Law of the People's Republic of China on the Protection of Women's Rights and Interests: Women must not be infringed upon by any organization or individual on the grounds that women are unmarried, married, divorced, widowed, or so forth. Where the man settles down at the woman's residence as a result of marriage, the man and his children enjoy equal rights and interests with the members of the local rural collective economic organization. Article 24 of the "Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Rural Land Contracting" Rural collective economic organizations, villagers' committees, and villagers' groups may, in accordance with the procedures prescribed by law, decide on the distribution of land compensation fees already received within the collective economic organizations. When the land requisition compensation and resettlement plan is determined, the person who already has the membership of the collective economic organization requests to pay the corresponding share, it should be supported. Article 27 of the Organic Law of the People's Republic of China on Villagers' Committees: Villagers' self-governance charters, village rules and agreements, and decisions of villagers' meetings or villagers' representative meetingsIt must not contradict the Constitution, laws, regulations, and national policiesThere shall be no content that infringes upon the personal rights, democratic rights, and lawful property rights of villagers. ▼
Areas of ExpertiseAll kinds of civil and commercial, criminal, administrative and cross-litigation casesAreas of PracticeIn the course of my practice, I have engaged in a variety of legal work, including advising clients, drafting legal documents, researching case regulations, appearing in court, and participating in the provision of non-litigation legal services. The following is a summary of the specific work:1Consultation with clients: As a lawyer, you spend part of your time with clients face-to-face or ** consultations. These consultations cover a variety of legal issues, such as marriage and family law, real estate construction projects, labor law, etc. I understand their situation and provide professional legal advice to answer their questions. 2.Drafting of legal documents: An important task in the work of a lawyer is to draft various legal documents, such as drafting and amending contracts, preparing litigation documents, letters, etc. for legal counsel units. I communicate with my clients to understand their needs and requirements, and then draft legally binding documents in accordance with the legal requirements and the wishes of the clients. 3.Research case regulations: Use a significant amount of time researching legal cases and regulations. This is essential for providing accurate legal advice to clients. I browse legal databases and read relevant precedents and regulations to understand precedents and legal interpretations, and I am able to provide strong legal support when handling cases. 4.Appearing in court: As a lawyer, appearing in court is the most legal service. This includes negotiating with other lawyers, communicating with judges and prosecutors, and providing professional legal services to clients. 5.Negotiation and mediation: Participate in negotiation and mediation. In civil disputes, help the parties reach a settlement or reasonable resolution of the dispute. As a lawyer, you need to be good at listening to all parties and helping them find a fair and workable solution. Work experienceBy handling various cases and legal issues, he constantly improves his research and problem-solving skills. In the past time, as a full-time lawyer, he has carried out a wide range of legal work in different fields. I have been actively involved in various cases and have provided professional legal advice. I maintain close communication with my clients and incorporate their needs and wishes into my work. Helping clients understand their legal rights and obligations and providing them with effective solutions. In addition, in the process of drafting legal documents, every detail is carefully scrutinized and rigorously argued to ensure that the legitimate rights and interests of the parties are fully protected in the drafted documents. Keep an eye on the latest jurisprudence and legal changes. In turn, we can provide accurate legal services to our clients. Appearing in court to respond to litigation is an important daily work, and in the past practice, I have experienced many cases in civil and commercial litigation, criminal and administrative litigation. Representative CasesXinjiang Mr. Yili Ma's Housing Expropriation Dispute, Hebei Shijiazhuang Collective Land Housing Expropriation Dispute, Henan Luoyang Luoning Agricultural Land Expropriation and Resettlement Dispute**Zhejiang Taizhou Ms. Bao Renovation Block Project Housing Expropriation Dispute, Hunan Changsha Construction Land Acquisition Compensation Dispute, Guangzhou Five Households High-voltage Overhead Power Transmission Project Land Acquisition Compensation Dispute.... …
This article is intended for general analysis and research or information sharing, and does not constitute any result of the analysis and judgment of specific laws, nor is it intended as any advice to readers or any basis for providing advice. The author hereby expressly disclaims liability for any action or omission taken pursuant to this document.