Study On Legislation Of Homosexual Marriage

Homosexual phenomenon has existed even since the human society come into being, and its existence experienced a complicated change .With the development of homosexual rights and human rights movement, the shouting of its request guarantee right grow more and more loudly., these request included them - to realize the homogeneous marital legalization to the high goal. Facing rights and interests request which grows to ever greater heights, the homosexual's legal status in Western country had the very big enhancement, in which many countries admit homogeneous marriage through the formulation, gives the protection to homosexual's rights and interests, thus realizes the homosexual rights and interests protection maximization, but our country legislated was still a piece of blank about this.This article attempts through to find to the civil law basic principle further explanation by the time protects the homosexual rights and interests the rationale, from protects the individual right, maintains the social order and the construction legal framework embarks, establishes the homogeneous marriage system to our country the rationality to carry on the analysis, And after the social mainstream wish permitted degree, the overseas acknowledgment homogeneous marriage system development step and the acknowledgment homogeneous marriage brings a series of question obtaining, The analysis proved in our country acknowledged the homogeneous marriage will certainly to be a slow process, not impossible to get it done in one action, the urgent matter was carries on the protection to homosexual's basic right, then was the homogeneous partner registration system affirmed by one transitional way to the homogeneous marriage.The thesis consists of four parts as follows:The introduction part introduces Western and the Chinese homosexuality historical development situation, pointed out the Western society homosexual's legal status had the very big enhancement, moreover some countries also formulated the correlation law to give the acknowledgment and the protection to the homogeneous marriage, but our country legislated was still a blank, this could not but make one to think deeply.The first chapter is about homosexual's basic knowledge. This chapter altogether divides into three sections, first has outlined homosexual's concept, second for homosexuality classification and origin; Third section is about homogeneous marital some basic questions, mainly has included the homogeneous marital definition and three kind of manifestations.The second chapter describes the Western world's major countries and regions in the legislative situation, and compare the different legislative mode between the same-sex couples the rights and obligations.The third chapter is the focus of this chapter, on the reasonableness of the same-sex marriage and same-sex civil marriage basis for analysis. This chapter from the rationality and legitimacy of both analysis and rationality of this part at the moment the reasons for opposing same-sex marriage, same-sex marriage and I have ethics, traditional marriage and child rearing tripartite face public opposition viewpoints refute section Second part of the basis of the same sex civil marriage, I mean autonomy, public order and good customs, personality equality, sexual rights and the right to marriage and family on the five aspects of the legality of same-sex marriages were discussed.The fourth chapter is about China's Thoughts on same-sex marriage legislation. In a brief introduction of the current Chinese law experts and scholars to debate the legitimacy of gay marriage on the basis of same-sex marriage discussed the necessity and feasibility. Papers from the human rights needs, a good social order and the need to construct legal system requires three aspects of same-sex marriage on the need, but we should also see the social acceptance of the general public and follow-up legal follow-up question, therefore, same-sex marriage legal is a long process, it is imperative to protect the basic rights of homosexuals, and then the recognition of their same-sex registered partnerships, in the end the whole society can identify circumstances into the same-sex marriage law of the Marriage Law.