Comparison On The Legislation Of Same-sex Marriage

"A marriage is conducted by a man and a woman" has been a default rule of human history. But nowadays, people's attitude to homosexual becomes more tolerant with the development of homosexual rights movement and human rights movement. In some countries and districts, same-sex partners can conduct marriage and enjoy some marital and familial rights. Same-sex marriage which is a whole new form in the human society has caused some conflicts of laws and some scholars' concern. Mainly adopting the comparative and inductive research methods, the author hopes to summarize the developing trend of same-sex marriage legislative mode through international, regional and country-by-country comparison, and to bring forward practical suggestions for our country's countermeasures to same-sex marriage based on existing domestic situations, through analyzing the private international law problems involved.The thesis consists of four chapters.Chapter 1 analyses the origin of same-sex marriage issue and its research significance by describing its definition, forms and history, then figures out that it's a flow to control this issue by legislation.Chapter 2 makes a brief introduction of the same-sex marriage legislative mode of main counties and districts in the world from the substantive aspect, classifying them into four kinds: fragmentary control mode, cohabitant legislative mode, registered partnership legislative mode and same-sex marriage legislative mode. The author also compares the rights and obligations under each mode.Chapter 3 analyses the private international law problems involved the same-sex marriage, such as qualification, application of conflict rules and reservation of public order, etc. And then, the author introduces the judicial practice of Canadaand the U.S.A based on these problems.Chapter 4 starts with the debate of our legislation on same-sex marriage, suggests controlling the same-sex partner's statue, rights and obligations to some extent. As far as our attitude to the effect of foreign same-sex marriage is concerned, the author doesn't suggest that China refuse to recognize the foreign same-sex marriage on the grounds of public order while recognize some legal effect of foreign same-sex marriage.