The Legal Protection Of Same-sex Cohabitants Interests

Homosexuality is a basic behavior patterns, a phenomenon commonly found in the various cultures in human history. History has proven that homosexuality is not a crime, nor is it a mental disease but a normal sexual orientation. In China, Homosexuality has always been there, homosexuals exist in large numbers and form a group. However, because of the influence of traditional Confucianism, society generally cannot accept this group, homosexuals have to bend in the "underground" and cannot live a normal life. Ignored by the mainstream, homosexuals do not receive the deserved social status and legal protection. Now, as society's tolerance of homosexuals, some homosexuals are able to face up to their homosexual identity. Inspired by human rights, China has also been concerned about homosexuals, they need a Justified rights protection.This paper is based on the conditions, creatively put forward the "same-sex cohabitants" new concept. Same-sex cohabitants are important parts of Homosexuality community, the whole society need pay close attention to the problems caused by same-sex cohabitation. In the missing of current legislation, creatively putting forward the protection of same-sex cohabitants, adapts to the western trend of legislative protection, it is of great practical significance to the development of China's human rights and social stability.The body of this paper is divided into the following four areas:The first chapter is a basic understanding of homosexuality. The author gives an overview of " homosexuality ", then separately introduces the causes,classification,history and current situation of homosexuality, and proposes a "same-sex cohabitants" new concept, so as to lay a good foundation to the carried out below.The second chapter focuses on the development process of theoretical understanding and the legal status of homosexuals in Western countries, and also introduces Western legislation patterns and trends on same-sex marriage, then elicit a new problem about same-sex cohabitants rights protection.The third chapter is mainly from the perspective of necessity and feasibility on rights protection of same-sex cohabitants, analyze the urgency of the legislation to protect same-sex cohabitants rights and interests .The fourth chapter starts with legislative debate, come to the result that the legalization of same-sex marriage is not feasible in our current. we should eliminate discrimination against homosexuals, in all aspects of the legislation to protect homosexuals, then achieve the legalization of same-sex marriage step by step when conditions are ripe.