Thought On Legitimation Of Same-sex Civil Unions In China

"Marriage is the combination of male and female" has been a default rule of human history. But nowadays, with the development of the society and the advances in technology, People's value are inclined to be multifarious, movements of homosexual rights and human rights are expanding, which is an unprecedented challenge to the traditional marriage system. As a new problem in marriage law, homosexuality and its marriage arouse more and more concern, and they are legal in some countries in the world, therefore, it's necessary for China to legislate homosexual problem. Mainly adopting the comparative, analytical 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 put forward practical suggestions for our country's countermeasures to homo-combination based on existing domestic situations.The main content of this paper is divided into three parts (except for parts of the introduction and conclusion):Chapter I is about the validity and rationality of the same-sex combination. The author introduced the scholars' controversy on the legalization of same-sex nowadays, summed up the obstacles of legalization of same-sex combination are that it goes against traditional moral and ethical, it easily trigger the spread of sexually transmitted diseases, it undermined traditional marriage system, and we can not ensure the human reproduction, it'll have a negative impact on children' growth. From the reasons and equality of homosexuality and the protection of the rights of same-sex couples the autor demonstrated the perspective of the legitimacy of the same-sex combination, so as to establish a correct research base and limit the scope of the study.Chapter II mains to introduce the general legislative and judicial situation of the same-sex marriage in most of the countries and areas in the world, summing up that the same-sex marriage legislation can be roughly divided into fourmodes——scattered regulation mode, the family partnership (cohabitation) legislationMode, the registered partnership legislation mode and same-sex marriage legislation mode, therefore, China could learn from them.On the basis of the former text, Chapter III focus on the issue of same-sex legislation with prospects, the autor believe that, based on retaining the traditional system (the combination of the opposite sex), the establishment of a registration system for same-sex partners is necessary to address the issue of the legalization of same-sex , and from the current circumstance of legislation and enforcement, we should adopt a gradual and progressive strategy, and change the public's understanding of the current legal system gradually, meanwhile, within the framework of the current law system, developing some laws to protect the legitimate rights and interests of homosexuals, when the conditions are ripe, we should step to the legislative stage of the same-sex combination, and put the legalization of same-sex on the agenda, so as to better safeguard the legitimate rights and interests of same-sex couples.