The Discussion About The Legitimation Of The Civil Union Of The Same-sex Couple

According to the sociologist Yinhen li’s estimate. The quantity of homosexuality will be up to40million to50million in China,which accounts for3%to4%of the total quantity of China’s adults.But such a large amount of the homo people have always kept silent on the social stage for such a long time. Currently,there is no law in China acknowledges the identity of homo people as the civil subject, not to mention the protection for the rights of the homo people,especially the rights of the civil union of the same sex couples.One one hand,they can’t consolidate their rights and obligations through marriage or any other civil unions which give them a certain legal identity to each other, so their relationship are very fragile.On the other hand, many homo people choose to hide their sexual preference and go to the heterosexual marriage because of the pressure they get from society and family.If their sexual orientation are exposed, in most case, the relationship will break up and they will involve themselves in the lawsuit. Even more, the lie will cause a big tragedy such as the suicide or homicide, which manifest a great demand of the civil union of the same-sex couples and necessity of the legitimation of the civil union of the same-sex couples. This essay is based on the theory that the homo people are not the social vulnerable groups, guided by the values of equality,freedom and human rights. It respond to the questioning of civil union law of same-sex couples by analyzing the necessity and feasibility. After we investigate the advantages and disadvantages of legislative mode in another countries. In order to make a balance between the homo people’s rights and public welfare, we choose the "partner mode" and make the 《same-sex couple law》 for the homo people based on the Chinese national condition and make some suggestions about how to stipulate the law.