The Exploration Of Legislation Rules And Regulations For Homosexual Union

The homosexuality,as a transcultural phenomenon,universally exists in thehistory of many countries.Along with the development of the world,as well asthe development of the International Campaign for Human Rights which isespecially in the western countries, more and more people in the world havebeen accepting the homosexuals,and the legal protection for the rights of thehomosexuals is also be approved.The demanding of the individual emotion andsexual desire of human is the basic of the love or symbiosis between thehomosexuals,thus the appeal of the same-sex marriage and that of the familythat established by homosexuals from the homosexuals comes into being.Theappeal above-mentioned is approved in some European countries and in somestates in U.S.,and there are some kinds of exploration of legislation rules andregulations in those countries. Some legislative models are created, providingsome reference for China,especially for our theoretical exploration in this field.Itis necessary and practicable to make laws for the homosexual contract in terms of the current social situations in China. Based on the present research,thisarticle explores the principle of legislation for homosexual contract、“two-stepstrategy” legislation way、the specific legislation pattern and so on, in order tothrow a sprat to catch a whale,and make a contribution to the exploration of thelegislation for the homosexual contract in China.The first part of this paper introduces a homosexual contract case and putforward a question.That is,all over the world,the trend of the legislation forhomosexual contract has been coming into formation,European and Americancountries already had some legislation practice,however,in China this field isstill in the blank,and then the full text begins.The second part,focuses on the summarization for the homosexualunion.First of all,the part makes a distinction between homosexual union andhomosexual marriage, and makes the difference understood,in order to makeclear the inquiry of homosexual topic for legislation regulating.Second,whatshould be recognized is that homosexual union is a common phenomenon in thedevelopment of all countries through the analysis of survival present situation and cause of formation for the homosexuals,and our country is noexception.Homosexual orientation caused and influnced by geneticcomposition,family education and living environment and so on. The peoplewho has homosexual orientation in our country is not underestimated,but is notunderstood and accepted completely.So their pessimistic living situation andappeal for homosexual marriage call for the attention of our country’s legislation.The third part discusses the necessity and feasibility from the legalperspective,social perspective and other perspective about homosexuallegislation regulating.Regulating on homosexual union,is the urgent needs forperfecting the law system,and carrying out the law value,the law spirit;is theurgent needs for improving the homosexual community survival presentsituation and promoting the social harmony;is the urgent needs for effectiveprevention and control of the spread of AIDS;is also the urgent needs forrealizing the development of the cultural diversity.While all the existinglegislation practice and the legislation of our country and theoretical exploration and the social public’s attitude of tending to toleration lay the foundation forhomosexual legislation regulation in our country,make it have feasibility.The fourth part introduces and comments on the various means in Europeand the United States and other countries, including current marriage typelegislative mode,partner type legislative mode,civil unions legislative mode andsporadical legislation mode etc.It tells the advantages and disadvantages on thebasis of the analysis of the knowledge of the legislative mode.The fifth part, takes our country’s legislation regulation on homosexualcontract into reflection and exploration.It puts forward “two-step” legislativepath on the basis of localization principle,public recognition principle and theunmarriage principle for Chinese legislation rules for homosexual union: thefirst step,enacting “Regulations on the Protection of the Homosexuals”;After thefirst stage of the special law enacted and when the time is ripe,formulate “thePartner Law of the People’s Republic of China”,in order to combine with China’snational conditions gradually and realize homosexual legislation regulation of partner type legislative mode on the basis of the social recognition to lawprotection for the homosexual orientation.