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Study On Legalization Of Same-sex Marriage

Posted on:2013-04-26Degree:MasterType:Thesis
Country:ChinaCandidate:W W ZhangFull Text:PDF
GTID:2246330374466724Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
For thousands of years, marriage is the combination of permanently livingtogether for the purpose of referring to heterosexual. Same-sex marriage refers to twoof the same sex adult man or woman with a permanent living purposes and whichconsists, with fixed partnerships, and the registration of marriage. Throughout history,homosexuality exists at all times, only in a very long period of time, homosexuals areconsidered to be normal and even subject to criminal penalties. However, with thedevelopment of science, the human, more objective understanding of the homosexualphenomenon in some countries in Europe and North America, thus contributing to therecognition of same-sex marriage through legislation. However, due to the feudalideology, and many other factors, same-sex marriage legal issues did not receive dueattention, leading to homosexuals in this relatively small number of the protection ofthe rights of the absolute number of large population is almost a blank. I tried toanalysis and argumentation, to illustrate the need for rationality and feasibility of thelegalization of same-sex marriage..And learn from foreign legislative basis for amodel for China’s national conditions, China same-sex marriage legislation model forreflection and exploration.This article is divided into four parts. First, I overview of homosexualityphenomenon. Described the homosexual phenomenon and the origin of the term ofthe homosexual, to clarify the relationship between homosexuality and mental illnessand mental illness is not necessarily that homosexuality is not a disease. And thenumber of homosexuals in China and their survival status, and to pave the way for thelegalization of same-sex marriage argument below. The second part, an importantpart of this article, the author from a different perspective on the legalization ofsame-sex marriage on the grounds analysis and appraisal. From a human rightsperspective, homosexuals as a legitimate citizen should enjoy the same rights as othercitizens, such as the right to marry, right to the pursuit of happiness; of law and economics point of view, the legalization of gay marriage could save the social costs,and promote sociol-economic development; from the perspective of sociology of law,the legalization of same-sex marriage is conducive to family planning policyimplementation and follow, the AIDS social problems, thus contributing to theharmonious development of society. The third part, to inspect and learn fromforeign protection legislation against homosexuals model, combined with China’sbasic national conditions and local characteristics, in-depth thinking, and proposalsfor legislative model suitable for our country. The author believes that to givehomosexuals the right to marry from the worldwide point of view, is irresistible andirreversible trend, and has a deep-seated reasonable.China to pass legislation legalizing same-sex marriage can be achieved, is onlya matter of time, the legalization of same-sex marriage is still greatresistance.However, any rights struggle in order to get more gay and brave to stand upand make their voices heard; more scholars brave walked into the areas of research,the legalization of same-sex marriage that day to the early arrival. Only thelegalization of same-sex marriage, gay community to be more free, more dignified lifein the open country, so that our society has become more harmonious and beautiful.
Keywords/Search Tags:homosexuality, same-sex marriage, legislation mode
PDF Full Text Request
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