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摘要 出嫁女特指与本村以外的男子结婚、户口仍留在本村的妇女。出嫁女的权益受侵害主要表现为集体经济分配款和村民社员权。尽管当前广东各地区政府都出台了相关出嫁女纠纷的解决机制，然而除了佛山、广州外，广东其他地区侵害出嫁女权益的问题依然非常严重。现有的纠纷解决机制都未能很好解决出嫁女问题，以及应对城镇化进程中源源不断出现的新出嫁女纠纷。尽管当前的法律对出嫁问题的解决仍存在缺陷，尤其是《村民委员会组织法》和《妇女权益保护法》直接存在冲突，导致出嫁女问题变得越来越复杂。然而这并不代表对出嫁女权益纠纷无计可施，在综合分析现有的各种纠纷解决机制及合理运用相关法律的基础上，仍能为出嫁女权益纠纷探寻出一条可行的出路。创新的出嫁女权益纠纷解决机制可分为三阶段。第一阶段是由地方政府主导完成的诉前准备阶段，该阶段内容包括审核出嫁女集体经济组织成员资格、对与法律相抵触的村规民约的纠正和通过民主协商的方式缓和出嫁女与村民的矛盾。第二个阶段是引导出嫁女通过提起民事诉讼的方式解决个案纠纷。第三阶段是通过股权固化的方式预防新纠纷的产生。5011
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关键词：出嫁女； 权益纠纷； 解决机制；民主协商
Abstract Other than married women marry men, especially with the village accounts still remain in the village women. Married women's rights infringement mainly for the collective economic distribution and villagers membership right. Despite the current various areas of Guangdong government have issued the relevant married female dispute settlement mechanism. However, in addition to Guangzhou and Foshan, in other regions of Guangdong married women problem is still very serious. Existing dispute solve mechanism have not been very good to solve the married women problems, and coping with the urbanization process in the endless stream of newly married female disputes. Even though there are defects in the current law of married problem solving, especially the organization law of villagers committee and the women's rights and interests protection law "direct conflict, resulting in married women problems become more and more complex. However, this does not mean that of married women's rights and interests dispute at the end of one's wits, in the comprehensive analysis of the existing various disputes settlement mechanism and rational use of the relevant legal basis, still can find a feasible way for married women's rights and interests dispute. The innovation of the married women rights dispute settlement mechanism can be pided into three stages. The first stage is before action by the local government led to complete the preparation stage, stage, the content including audit married female members of the collective economic organizations qualification, correct to contravene the law of village and by way of deliberative democracy ease the contradiction between married women and villagers. The second stage is to solve disputes for married women through litigation way. The third stage is to prevent the production of new disputes through the way of equity.
Key words： married-off women from the villages; dispute on the rights and interests；Settlement mechanism；Deliberative Democracy
目 录
摘要 •I
Abstract •II
引言 •1
一、农村出嫁女集体经济权益纠纷的类型与成因 1
(一)农村出嫁女集体经济权益纠纷的类型 1
(二)农村出嫁女集体经济权益纠纷的成因 2
二、农村出嫁女集体经济权益纠纷解决机制及其缺陷 3
(一)非诉讼纠纷解决机制及其缺陷 3
(二) 诉讼纠纷解决机制及其缺陷 •6
(三) 综合纠纷解决机制及其缺陷 6