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Women and gender
ChinaPolitics

Lie of the land: China’s rural women struggle for land rights in the courts, despite legal protections

  • In thousands of cases, courts have ignored evidence when women sue for land compensation from their village assemblies
  • Women are sidelined for the sake of stability, ‘village autonomy’, legal expert says

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In cases of land compensation for “married-out women”, village assemblies often ignore rights guaranteed to them under Chinese law. Photo: Shutterstock Images
Phoebe Zhang
On paper, women in China have equal legal rights with men. But in practice, and even in China’s courts, some are shocked to learn the limits of their legal rights.

Last week, after two years of lawsuits and two appeals, Zhou Xiaoyu (not her real name) finally received confirmation from the Zhejiang Higher People’s Court that she had lost her case.

She would not be entitled to the collective land – and compensation after its sale – in her village, even though she had more than 30 pieces of evidence proving that she had lived there all her life, including her current household registration.

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The decision was made among the villagers themselves, who concluded that Zhou’s case was not valid because she married someone from outside the village. The court stayed out of what it said was the village’s democratic decision.

In rural China, there are thousands of other cases just like Zhou’s, usually referred to as “married-out women”. They are widows, women who married men from outside their community, or women who moved away and later returned to care for ageing parents. But due to vague laws and the majority rule in male-dominated village assemblies, such women often find themselves deprived of land rights and other benefits.
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Zhou married her husband, who was originally from Sichuan province, in 2020. Since then, they have lived with Zhou’s parents in a village in Zhuji, Zhejiang province.

Before Zhou got married, the village went through three rounds of land acquisitions, and each time she received her share of compensation. But in 2021, during another round of acquisitions, she was voted out, she told the Post.

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