Same-sex Couples Marriage And Family Protection Legislation

As a kind of special social culture, the homosexualityphenomenon has been in China for a long time, tracing back tothe ancient times of our civilization. According to the research,there are almost 36 to 48 million homosexuals in our country,accounting for 3%-4% of the whole adults. For a long time, thehomosexuals have been ignored by our social essential cultureand have never got social status and legal protection whichshould have been over them. However, the ignorance of our societyand our law neither change the ubiquity of homosexuals nor blenchtheir rights and interests requirements, including that ofmatrimony and family. So the author specially writes the theme,trying to remold the whole society the scientific understandingof the homosexuality, so as to make the whole society envisageand respect the rights and interests of the homosexual partners.This thesis is footed on the theory of the sociology,istrology and anthropology etc, establishing the normality ofthe homosexual on mind and action. Under this foundation, theauthor analyses and compares the Hesperian lawmaking modes andtrend on homosexual partners, and surveys our homosexualityphenomenon and their social problems. Under the premise, thethesis uses the Hesperian lawmaking for reference and takes oursituation into account, putting forward some elementarylawmaking propositions on homosexual partners, in order toprotect their matrimony and family rights and interests in acertain extent. The main contents of this thesis are divided into fourfollowing parts except the Preface and Conclusion:The chapter one is about the basic understanding of thehomosexuality. The thesis definites the conceptions of "homosexuality" and "homosexual partner", and introducestheir history, present conditions, causes of formation andtheir classifications, defining the research basic and objectionof the thesis.The chapter two introduces the theory and lawmakingevolution process on the homosexuality in Hesperian countries,analyzing mainly the key point of "same-sex marriage" Baseson the analysis and compares the Hesperian lawmaking modes andtrend of the homosexuality, the thesis testify the feasibilityof establishing the "civil union contract system" in ourcountry.The chapter three mainly about the necessary andfeasibility of establishing of the lawmaking for the homosexualpartners, intending to analyze the imminency of legal protectionfor them.The chapter four is a textual conclusion, mainly about thelawmaking outlook of the protection for the homosexualpartners' matrimony and family rights and interests. In a word,it is the elementary suggestions and concrete designs for ourlawmaking of "civil union contract system"...