Analysis In The Recognition Of Foreign Same-sex Marriage Issue In Our Country

Originated in the same sex,the Homosexual marriage it’s also called the "gaymarriage". In today’s world,there have included Holland, Belgium, Canada, Germany andother19countries and regions to give same-sex marriage legal status in differentforms(marrige,Civil Union,Family partnerships and so on.). Gay marriage has got broadattention and recognition in the western society. But in our country, there is no legal.Nevertheless, Young people’s concept of marriage and family has had the verybig change. The modern view of marriage and family individualism pays more attentionto personal emotion. In this way,wu can laid the ideological foundation forour recognition of foreign same-sex marriage. At the same time, the wanton spread ofAIDS, the threat of same-sex marriage on traditional marriage, same-sex marriage for ourlegal challenge and the lack of gay’s rightshat same-sex marriage recognition problem inour country at present are all necessary.On the other hand,there are still many obstacles for us to Recognize same-sexmarriage. The moral law, Traditional family values, scholars oppose same-sex marriagelegislation are the "stumbling block”to the foreign same-sex marriage legislation. In China,the judiciary in dealing with cases of same-sex marriage recognize invariably are to "Reservation of public order " grounds choose to be avoided. And the judicial staff valuesto some extent by the "public order and morals," make the process of foreign recognizesame-sex marriages became more and more difficult.The rapid development of the global economy, peoples also extensive and frequentinternational mobility. Whether to recognize a foreign same-sex marriages or relationshipsoutside the jurisdiction of this issue has been placed in front of us. States’ legislativesituation and the frequent movement of international personnel of varying attitudes of gaymarriage, is bound to make private international law issues highlighted in this regard. Theprocess of legalizing same-sex marriage is may still far away, but our legislature shouldfully play its proper functions. But we can proceed to confirm the fundamental rights ofgays in the Constitution and the Civil Code. Actively learn from the experience of othercountries. For specific legal issue final regulations to explicitly promote foreign countryrecognize same-sex marriage in the process.