Protection Of The Rights And Interests Of Same-sex Couples

For same-sex couples in China, the contradiction between the lack of relevant laws and the emergence of related issues has been appeared gradually. And on the protection of same-sex couples’ rights and interest in China, there is so little academic research. Otherwise, the legal process overseas has been spreading like a raging fire. Some countries have legislated, and others have a scheduling program about legislation, which is five-continent-wide. In response to the legislation for same-sex couples’rights and interest protecting in China in the future, this article try to grasp the west’s substantive understanding to human rights and equality through the research of the legislative modes for the protection of same-sex couples’rights and interest in other countries, and collect information and update the concepts. We hope it’ll be helpful to the marriage and family law now in China.Demands of protection of rights and interest of same-sex couples have caused discussions about the necessity. Some scholars identity its value from the perspective of jurisprudence, economics and sociology of law, and some question its rationality from the perspective of ethics, the nature of marriage, education of minors and so on. For now, According to different national conditions, social awareness, the nations, which have set up the systems of protection of rights and interest, put into practice with different modes, including the cohabitation-mode that regulates individually without the identity issues, the middle-mode that creates a new concept, different with marriage, to protect of rights and interest of same-sex couples, and the marriage-mode that is applicable to the existing civil law or marriage and family law. They have their own social background, different degrees of constraints of social awareness, so there are differences of legislative technique and main content. Otherwise, it’s contradiction between the lack of relative law and arising problems. Someday in the future, maybe we need to protect of rights and interest of same-sex couples, and then their reference cannot be ignored. We can get advanced theory and profuse practical experience, and the mode of protection of rights and interest of same-sex couples scientifically.The writer hope that by searching and arranging legal and academic materials about protecting the same-sex couples’ right and interest overseas, we can get a systematic and trend-clear process. We will study them from the point of view of comparative law, and investigate the conditions and requests on protection of same-sex couples’ rights and interest. When the age has come in which the protection of same-sex couples’ rights and interest is been focused on, the article will provide some integrated and systemic materials in favor of grasping the historical process of the system.