On The Legal Recognition System Of Civil Partnership

Throughout the ages, the phenomenon of homosexuality has always existed in humansociety, any of the countries and regions have varying degrees of the existence ofhomosexuality. In the past, because of religion, ethics, and traditional concepts, often ofhomosexuality with prejudice and discrimination. Contemporary phenomenon ofhomosexuality is no longer unfamiliar. With the continuous development of the human rightsmovement, the gay community to give them the same legal protection increasing demands,especially gay to claim the right to marry and more pressing demands of a small number ofcountries and regions taking into account their rights demands through changes in the law orthe establishment of new laws to recognize same-sex unions. The larger the number ofChina’s gay community, their rights need to be protected. Three gay dispute case of existingdomestic same-sex unions legally recognized system in the title in order to build our country,to analyze the comparative approach, trying to make some fine research, to effectivelyprotect the rights of gay marriage, thereby increasing the level of China’s human rightsprotection and promotion of social harmony.This article is divided into five parts:The first part of the country about gay legal case profiles and case comments. Thissection is a brief judicial instances of domestic disputes about homosexuality, leads to thehomosexual person, property rights are not appropriate protection, the yearning andaspirations of the gay on gay marriage because of the lack of legal, thus pointed out that thesame-sex unions legally recognized system to protect the legitimate rights of homosexualsshould be built in China.The second part analyzes the theoretical basis to build same-sex unions legallyrecognized system. Value basis in law, law and economics, methods of analysis of thesociology of law, multi-disciplinary, multi-angle to demonstrate building same-sex unionslegally recognized system of its theoretical legitimacy.The third part is a rebuttal against building same-sex unions legally recognized systempoint of view. The author first states the mainstream point of view against same-sex unions,opponents generally believed that same-sex unions in violation of the traditional ethics,same-sex unions violates the reproductive function of marriage and same-sex unions ofminor children is not conducive to growth. Then the author of these views one by one to refute, to come to the above arguments are untenable.Fourth part of each inspection some countries and regions to build same-sex unionslegally recognized system of different modes, including marriage patterns, companion mode,mutual aid contract mode and civil union model, and these patterns have been reviewed andobtained we should learn from countries advanced legislative experience to build ourcountry’s same-sex unions legally recognized system.The fifth part of the author for China’s national conditions, the analysis in China to buildsame-sex unions the legal recognition of the need for and feasibility of the system, whileChina’s national conditions and learn from the experience of other state-owned beneficiallylegislation on the basis of the mode of the registered partner to build China’s same-sex unionslegal recognition system, and put forward some of their own shallow legislative proposals.