Same-sex Marriage And The Legal System To Build Discussion

The homosexuality is a kind of objective and existent behavior pattern, it exists in the western nation and is still in China in several thousand years, and its existence experienced a complicated change. With the increasing number of homosexuality continuously and its request guarantee right noise of shouting to upsurge continuously, homosexuality is not only a kind of cultural phenomenon, and becomes a social problem.Now, 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. In China, the homosexuality legislation still was a blank, although already had the expert advocated the homogeneous marital legislation from the perfect national law, the advancement country legalization advancement, maintained social stability and so on angles to consider, also usually was too cultured to be appreciated by the masses, nobody response.This paper tries to set out the rights of homosexuals to find a theoretical basis for the protection of their rights, from the maintenance social order, protects the individual right the angle to embark, from the proof homosexuality phenomenon and moral, the law and moral relational obtaining, discusses the related legal regime feasibility of establishing the homogeneous marriage in our country, and proposes our country homogeneity marriage legal regime pattern. The homogeneous marriage took one kind of homosexual right the effective way must give the affirmation, also considered China's cultural context and the traditional marriage ethicality, expounded not yet establishes take "humanism" as idea moral value China, establishes one kind of homogeneous partner registration system the feasibility.The article divides into four parts:The first part introduces the homosexual survivals' condition in Western country and China. I discovered the homosexual's legal status has the very big enhancement in the Western society, in which many countries has formulated the correlation law to give the acknowledgment and the protection to the homogeneous marriage, but the change of understanding just now starts in china, also homosexual's basic life is facing all sorts of difficult problems, bringing some social question. Facing those questions, avoiding is not the best solution way. The second part is about the homosexual right and the limit research. It displays the rights that the homosexual enjoy is the rationale of legislation to protect the homosexual right in China.The third part is that homosexual marriage legal system summarizes content, such as the concept relation with cause of formation, the homosexual marriage concept, homosexuality phenomenon and homosexual marriage, homosexual marriage legislation foreign examination and homosexual marriage legislation pattern including a homosexuality concretely.The forth part is about the establishment homogeneous marriage system ponders in China. It includes the various countries homogeneous marriage system research, the legislation barrier of establishing the homogeneous marriage legal regime in China, the pattern choice of the legislation of homogeneous marriage system in China and the significance of establishing this system. It displays that the establishment of the homogeneous partner registration system is feasible in China, and it has the practical significance. Not only laying in has protected homosexual's lawful right, but also laying in the standard this community the behavior. Regardless whether does establish the homogeneous marriage system, the rational ponder is the basic posture which we should have.