Study On Legal Issues Of Same-sex Marriage's Extraterritorial Effect

The comprehension of the marriage has always been based on the ambisextrous integration. However, with the development of liberating movement of homoerotic rights and the activity of human rights, the attitude to buggers has already been changed. At present, the movements, which affirm legally recognition for same-sex partners, have been successful in several countries or regions. Up to now, a great deal of countries, including Holand, Belgium, Span, Canada, South Africa, Norway, Sweden, and Portugal, have recognized the validity of the same-sex marriage. Furthermore, the same-sex marriages can possess rights and interests of family. With the development of global economy, improvement of communication and frequent international migration among the nations, the situation recognizing the same-sex marriage of foreign countries and foreign jurisdictions or not, have to be met. This inevitably results in considerable International civil legal relations and conflict of laws problems of private international law. However, the different attitudes of same-sex marriage legislation status of various countries and the frequent movement of international personnel must induce highlights of private international law issues in this area. This will be an urgent problem to be sovled. Accompanied with the opening policy, China courts will also meet these cases. This article, based on the legalization of same-sex marriage in international hot spots, for the attitude of international legislation, the status of varying degrees, combined with China's reality.If we always refuse to recognize this kind of relationship, this will not conducive to protect other civil relationship attached to the same-sex marriage. Inversely, national public interests and the legitimate rights of the people will be damaged. In this paper, besides exploring the hot spots, there are some discussions about the issue that is very important in the same-sex marriage and easily overlooked by scholars. Furthermore, a proper suggestion is proposed.