| This PhD. Dissertation mainly includes the quotation, six chapters and the conclusion.The quotation part illustrates the background and value in writing task, the situation on study topic, the conference in specific case, the writing thought and methods,as well as the innovations in this article. B ased on the background of the protection of human rights and the pursuit of equality legislation value, the same sex who combined with the legal right and protection in family gradually become the frontier subjectof academic circles in practice. The continuous changes take on new character and directions in practical family, as well as many family patterns competition with family patterns in tradition. It is true that gradually different study put forward to challenge inlegal field family rights. It was told that sociology in the family reflection: in this known world, we need clear that and face that objectively understanding for social conditions which occur selected family life in group. Based on the family superiority in tradition, when some characters are ignored, people still create some socially familisticpatterns. Incomplete family definition begins to fail, the concept of family law studyneed to enlarge, family sorts strengthen better and the same sex family is one of common family sorts. And so, the development of family law imprints deeply, family self-government and government interference appropriately cohere with each other, the protection of the weak and pay much importance on human rights in modern family law,with better development of constantly in the trend of internationalization. Surely thediscussion illustrates that the member who still own the legal rights in same sex family and still become one of the same sex combiners in family rights. The same sex combined with the real situation and constantly legal rights and realization are pressing the development of same sex combiners of family rights field in science of law. Manyscholars in China，made some relatively researches on same sex combined to protectlegal rights, but the discussion still is a quite frontier field of study. This article enlarge the field of research, put the benefits of combiners in same sex into the study onfamily structure. So the most difficult part which can identify in the protection of legal rights in same sex law as well as unification in family members. naturally and gradually this research on same sex combiners and other family problems is inevitable scale in family law. However, this article achieved and adjusted current references, withthe relatively research study regarding as the most important part in article study. Itcombines the theoretical analysis and solid evidence in survey. The author wrote that“poll on social cognition in same sex combiners” and “interview on12same sex combiners current situation” which provided solid evidence on this research. And the author got its source, interdisciplinary study adjustment,comparing this comment, keepinga foothold on study method, and for same sex combiners in family law’s protection offered feasible ways.The chapter One，theoretical analysis on same sex combiners in family rights. About many theories on the origin of family which give comments that the limitation brought some ideas. The origin of the most unalloyed thoughts and deduction subjectively is the evolution of discovering ancient theories on family. According to early modern religious theology and lack of empirical research methods which also lack of credibility and persuasion, Morgan and Engels, whose theories about family syllogism wayof argumentation fundamentally Proof of the origin of family problem, if not eliminati ng the uncertainty of argument. And the very certainty of origin keeps under influence of primitively research data. Therefore, some sociologist believe that this is an unsolvable and argued problem, for we, who also want to live in the ancient time that hasno trace at all. But Morgan and Engels has great influence on family study in China,if Morgan’s certainty on family source is unsolvable, it is true that this makes us deserve think twice, which is based on family theory and it is shown that for the change of sociologic concept family belongs to the scale of historical development, the concept of family start to expand, and non-traditional family types is to pay much attention to. The change of sociologic concept of family should produce this reflection in the study, while the linkage of marriage and family is not absolutely, which is based on their blood relationship clear and kinship that come into force by law. Currently theconnotation of family concept is lack of all regulations and rule by law. Legally, this is continuous process that the change of family concept is the boundary which hasacquired by groups in the field of sociologic family. When the strait definition of family in sociology is oblivious of force, which means this constant reaction should acquire by groups legally. The actively same sex members set up their own family, insteadof other organization hailing from great powerful force in family function. At the same time, family function has two sides: one is raising, the other is reducing. Given that family offers continuousness and the later change which still obvious advantages, for the protection of law which brings stable family life make the same sex membersbuild their family and gain thief legal rights. The change of legislation idea in familylaw has shown that family autonomy and individualism which drive family law application in life and personal development, which the power of state regulations and lawbecome closer to economic and socially national law. Meanwhile, stably local existences of characters make distinct aboriginality and ethicality. Family law takes on familyautonomy, state intervention and coordination appropriately, paying much importance to protect the legal rights of the weak, individual rights and the trade of internationalization. Under this occasion, family legal rights regard as the connotation of basic rightsto set up their families and to keep family members gain legal rights during this process. And family rights’ subjects should enlarge more, which include marriage and blood relationships and based on legal relation in the family members, but also include non-marriage, non-blooded relationships and based on law, which also gain recognizedby law. That is to say, to gain legal recognition possessed of constantly stable and close life, between family members supporting, helping interactively, and coherently obtaining recognition among members. Therefore, the same sex combination is one of thesubjects in family relations.Chapter Two，the same sex combined with rights to appeal to historical investigation. The same sex combined families’ rights demand appeal to process as the same asthe activities coherently. The same sex combination in foreign countries experienced from starting differently to multiple development, during this long process, gradually occurred rationality, opening, depending on economic and cultural and the feminist movement interactively related to characters. The same sex combination in family appealingprocess from scattered same sex combiners to gradually becoming activities in largeseize, people come to realize that the power and the rights is prominent. Dating backto historical investigation showed that the same sex combination appealing is a longprocess which can drive the same sex members to obtain legal right by law.Chapter Three, the same sex combination under the necessity of protecting familyright, and the author believe that necessary investigation starting with survival conditi on mainly come from family rights on necessary investigations. The investigated partapplys masses of empirical data and multidisciplinary research results. Not only facedwith the healthy threats, social and self-identified hinders, risks in model on the samesex relations and harm from marriage formed, but also the cause that analysis the reason. So, social misunderstanding and discrimination, the atmosphere of traditional heterosexuality, inherent fertility belief, sex education and lack of law protection, that is, the main reason why the same sex combiners form.Chapter Four, the same sex combiners built the realization of the family investigation rights. The combination of same sex family investigation rights is the recognizedreasons of same sex members in family law. Firstly, from the starting of the same sex cognitive evolution, it’s shown that the study on same sex is closer to objective topic, and the knowing that sickness has abandoned yet. However, the reasons that existdistinguish between constructivism and essentialism. Of the same sex combination cognitively is owing to based on traditional heterosexuality, which leads to the same sexcombination and the heterosexual members stay opposite thoughts and in this two points in opposite is distorted. During the poll, the public citizen in our country, the cognitive process will be a long journey, which needs the cognitive and acceptance levelamong the same sex. Secondly, from the point that same sex and family ethical to take this analysis, who face with “ethics” and “filial” in a dilemma, the author wrote from sexual ethics and standards, modern innate characters and legal ethics to make ananalysis. Thirdly, the author made a point that from the point the same sex combination to pregnancy realized, through the productive rights definition, main body, natureand realization of discussion illustrate that the same sex should be the right to be give a birth. By methods of give a birth can achieve by artificial birth, meanwhile, the same sex combination is in accordance with the agreement that satisfied the essence ofartificial purpose among the stable groups. Finally, we can make an analysis from the differences between the same sex and the heterosexual. According to large numberof empirical data, comments and questions about the same sex and the heterosexual are discussed and take actions to “Neuter socialism”, with the methods that can not consist of reasons that should be against protecting by law between the same sex and theheterosexual differences.Chapter Five, the use for reference is to protect the same sex in foreign countries. The author use this way that the rights based on set up their families, fertility right,and property right, as well as introduce the regulations and law related to family law,such as law from United State, Canada, Holland, Danmark，German, Spain，France,Great Britain, and Australia, comparing the weighs and outweighs to offer the study on the same sex to legislate in our country.Chapter Six，the protection path to our country with family law. Firstly, in our country, the same sex combiner lack of conditions that can protect by law, whether themost debatable point is given this way which own the rights to build their family ornot, that is, the achievement of building their families. The author considers that thelegislation of the same sex protection in family law should include the soul of human right and equal treatment. Secondly, the author prepared the discussion draft about legislation, that is, The draft law equal rights and Law of the People’s Republic of gay rights and interests protection law draft proposal draft, have shown that the condition is insufficient about them. Thirdly, the author puts forward the path of the same sex combiners related to family law protecting legally. In our country, the protecting oflegislations on the same sex combiners can divide into two: one is public law, the ot her is private law. In public law, there is to carry out anti-discrimination law and rights and interests protection law. In private law, there is to carry out Partner relationsact, marriage law, Adoption law, Artificial reproductive method and so on.The steps in producing about regulations in private law should carry out step bystep. Firstly, the rights and the ways for the same sex combiners who build their families can divide into the marriage of heterosexual model, the same sex couple model and the model facts that the relationships who after have had sex. According to the carrying and executing Partner relations act, and the limited time carried out during thelegal process, the same sex marriage obtained the recognition legally when the conditions permit. Secondly, the fertility birth for the same sex in the future that recognizedthe relationship among the same sex, both of them can give the birth by artificial methods. The model facts that the relationships who after have had sex is to both parties who after originally had this relationships illegally to identify, just obtaining the rights of artificial birth before checking in as the same sex couples. So far, the law inour country, does not recognize the validity of mother surrogate. From the legal phased development point of view, it does permit that the same sex for male should givea birth by artificial methods as a mother surrogate, before having approved the samesex for female by artificial methods, however, in the future, the legislation will recognize the validity of mother surrogate and later the validity of the same sex for male.Under this occasion, it may admit this possibility on the same sex marriage and recognize the couple of the same sex by artificial methods. Single lady should not be given artificial rights. Thirdly, the adoption of the same sex legally, the children for bothparties in the same sex relationships under the model facts that the relationships whoafter have had sex before checking in legally to obtain the adoption of children, otherwise, both parties have no rights to adopt the children. Thirdly, the protection law forthe same sex combiners should respect both parties built this relationships named stability and community during the time on the same sex relationships. The same sex partnership removed property mainly includes the same sex partnership of segmentationpolicy. When the time of existence is for the same sex, both parties should interactively take an obligation to help each other. If time is removed, the right of fostering therelationships based on blood identity should be prior the other party. And so, both parties does not exist obligation interactively when this relationship is removed. The same sex partners and the facts that the relationships who after have had sex the survival party with no legal heir disorderly.To sum up totally, with the development of the same sex combiners in family law by protective study in the future, it has shown that the author lack of writing thoughts and ideas, surely looking forward to the criticism and opinions hailing from scholars and experts from all over the world. |
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