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The Legal Recognition Of Same-Sex Partnerships In China

Posted on:2011-07-29Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhangFull Text:PDF
GTID:2166360305957293Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Based on the statistical resources, the current amount of homosexual has reached 39million to 52million in China. Although the medical profession generally agreed that homosexuality is normal for a minority sexual orientation, but homosexuals are still discriminated and criticized in a large sense, and the basic right to whose dignity can not be guaranteed. The status of same-sex partnerships in law is still unwritten into the history. Disregarding for the law not only virtualizes gay rights, but also obstructs the control of AIDS and builds a harmonious society. As a matter of fact, avoiding the issue all along will not make it disappear, but only to make the situation even more complicated and severe by delaying the appropriate occasion.Legal recognition of same-sex relationships can raise the dignity of homosexuals, but also be able to fill gaps in the law. Furthermore, only recognizing the legal status of same-sex partnerships can protect the interests of same-sex couples as possible.Currently, there are 30 countries around the world legislation approving same-sex partnerships. Programs in these countries can be divided into two types: same-sex marriage and civil unions. Same-sex marriage is the revised definition of marriage which substitutes the opposite sex or same-sex marriage for males and females. To include the same-sex partnerships into the law of marriage, make distinction, and endow them with the same rights are practicable in these countries: the Netherlands, Belgium, Spain, Canada, South Africa, Norway and Sweden. Their common ground is that civil people think that being a homosexual is acceptable and the government also actively promotes. Among those, the Netherlands, Belgium, Spain and Norway also allow same-sex couples to adopt children. The civil union for same-sex partners is a newly created type of civil legal relation which allots same-sex couples and heterosexual couples similar rights. Some countries taking the form of civil union legislation are Denmark, Germany, Finland, France, Britain, New Zealand, Austria and other countries, and among which, Denmark, Germany, Finland and other countries allow same-sex couples adopt children. However, civil union in France is regarded as a civil contract.Aiming at the issue of protection for gay rights, most domestic scholars are focusing on same-sex marriage. On the legality of same-sex marriage, they unwind a tit for tat controversy. Scholars who support same-sex marriage believe that, gay marriage rights which belong to human ones can't be denied. Homosexuals who are excluded from legal marriage violate the principle of equality; it is a particular kind of'sex discrimination'. Some scholars believe that marriage is a matter between two persons, which the state is not supposed to interfere too much with it. In accordance with the preference of most people, to deny the basic rights of minorities is a biased hegemony. Scholars opposing same-sex marriage regard that same-sex marriage undermines the definition of marriage and disobey the human tradition.Simultaneously, it will cause a series of moral decay and make human lose the bottom line of morality. Furthermore, our society is so developed that it is able to tolerate the existence of same-sex marriage.Chinese scholars believe that the civil union, in terms of the same-sex marriage, compromises to the traditional conventions. It is a moderate and transitional substitute or a compromise before homosexual marriage is approved by the law. Supporters of civil unions consider that, based on what extent the nationals accept, civil unions in this way is conducive to safeguard the interests of the parties, but also conducive to stabilize social order.Personally I believe that same-sex marriage alters the definition of marriage, remove gender restrictions, and expand the boundaries of marriage. Although same-sex marriage gives same-sex couples and heterosexual couples exactly the same rights, it has shaken the formation of marriage, which breaks the bottom line of main stream in heterosexual-based marriage and leads to possible collapse of the institution of marriage. We can't base on the preference of majorities to veto or ignore the rights of minorities, nor can over-emphasize the rights of minorities on the cost of scarifying the interests of the majority. In addition, same-sex marriage for homosexuals is also unequal. Same-sex unions and heterosexual union are parallel to the two concepts, as homosexuals and heterosexuals the same distinction. Same-sex marriage supporters forcedly merge same-sex unions into the stereotype of heterosexual marriage, which results in the same-sex unions being affiliated with opposite sex in the concept of inequality. Civil union system is the best solution. It is independent of marriage institution, both at the conclusion of the main bodies and the conclusion of purposes. Hence, they can not be replaced by each other. The conclusion of the main body in marriage is on both genders to reproduce; while the counterpart of civil union is homosexual, and the purpose of which is greatly inclined to protect the rights and interests by law during the period when they are together. The system drafted separately for gay civil unions not only achieved the legal recognition of same-sex partnerships, but also fills a gap in the legal system. Relative to the heterosexual institution, the same-sex civil union embodies the equality of marriage legislation, nor will threaten the institution of marriage. The individually issued system subtly balances the protection of social vulnerable groups and the maintenance on the interests with the conveyance of theoretical and practical advantages.In the end, the author makes specific recommendations for civil unions. The author puts forth the concept in the establishment of civil unions, civil union partners'rights and obligations and the dissolution of civil unions, etc.
Keywords/Search Tags:Same-Sex Marriage, Civil Union, Equal and Human Rights, Legal Recognition
PDF Full Text Request
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