Foreign Same-sex Marriage Specific Applicable Law In Our Country

At present, according to the analysis of the law of some countries in the world part of the country or region to same-sex marriage legal protection has become a fact. But in international civil and commercial exchanges, does not recognize the same-sex marriage in the country or region in general will may choose the reservation of public order system jurisdiction over foreign-related same-sex marriage were wrong. But under the certain conditions, will admit that, for those foreign same-sex marriages in the domestic civil legal status, approved the validity of marriage, and not give up jurisdiction over the case. Some countries or regions have legislation to recognize the legal validity of gay marriage in their own, even for the same-sex marriage produced by the personal and property rights, the relationship between the parents and their children, such as foreign-related adoption, foreign-related inheritance case to make the rules. At present our country law does not recognize the effect of foreign-related same-sex marriage, also not gay marriage concerning foreign affairs to provide legal support and protection. But with the increasing exchanges with the economic and cultural life, the person that same-sex marriage to work and study in our country is difficult to avoid disputes in the normal social life requires our country’s law on the regulation and protection. Because our country to foreign gay marriage is not be recognised, the court in practice has been to the reservation of public order; Or foreign same-sex marriage deliberately link points to circumvent the grounds of our country’s law, refuses to provide legal protection for them. Applicable law and civil law of our country and law did not make provisions on this issue, lead to this problem in the aspect of legal practice in our country the lack of legal support of marriage and family relations. Because of this, it is necessary to study of the practical issues of applicable law, to the construction of legal system in China, judicial activities and social life aspects such as management provide certain reference.Aiming at the characteristics of foreign gay marriage and produce social problems, seek specific applicable law in the legal system of our country. The article on the research of this problem is divided into five parts, the first part is the introduction, analysis the necessity and value of this thesis research; The second part is the concept of gay marriage, in this part of the definition to gay and lesbian and gay marriage, provide theoretical support for the following discussion. The third part is the same-sex marriage legislation present situation at home and abroad, the author access to a large number of foreign language data, summary of same-sex marriage legislation abroad, and aims at our country the paper compares different legal family’s attitude toward gay marriage; The fourth part is the foreign same-sex marriage, this part to explain foreign gay marriage and the foreign gay marriage types were discussed, analyzed the evasion of law and the system of reservation of public order in the importance of the article; The fifth part is the specific applicable law of gay marriage law concerning foreign affairs, this part of our country at present attitude towards foreign gay marriage, analyzes the court after get gay marriage jurisdiction concerning foreign affairs, min is a personal relationship and property relationship between same-sex marriage partner, divorce, infringement, adoption, such as the relationship between parents and children, maintenance and inheritance specific case analysis, find the law does not recognise same-sex marriage in our country under this premise, the method to solve the problem of the series.