The Study On The Legalization Of Same-sex Marriage

Same-sex couples phenomenon exists in the history of China for thousands of years remain alive today, it Is also a common international phenomenon, even in a certain historical stages form a social atmosphere. But the legislation of the road is not very smooth, about the legislation theory is controversial. Barriers that exist in the second, is the reality, including the properties of the nature of marriage and marriage of gay marriage built on the existing system of marriage law of the value conflict, etc. Of course, whether based on human rights Freedom of marriage or for the protection of minority, same-sex couples relationship adjustments are necessary. In this issue, can draw lessons from foreign successful legislative model, in combination with the practical situation of our country to specification This paper has three chapters, about thirty-two thousand words, the main contents are as follows.The first chapter expounds the same-sex marriage legislation theoretical controversy and elucidated. The first section of the statement about same-sex marriage legislation theory of controversy, there are two main views, supporters believe is the combination of men and women is the is the traditional social system and confirm the relationship of the legal system, opponents argue that the constitution provides that the equal rights of include sexual orientation of western countries in the second quarter same-sex marriage is legal to our country existing marriage concept, the influence of traditional concepts of marriage in our country Clan idea that same-sex couples in a lot of mental and physical pain, plus there are ten several western countries have established the impact of same-sex marriage is legalized, traditional marriage ethics and values of our country have a great shock In the third quarter of legislation to confirm our traditional marriage contradiction, these contradictions caused by false marriage family conflicts Same-sex couples living together during the property security and damaged the rights and interests of minor children, etc.The second chapter expounds the legitimacy of gay marriage in the first quarter of gay marriage and the protection of human rights, human rights is the basis of people, respect and safeguard human rights is the human has been trying to direction, embodied in the law is perfecting legislation, truly human dignity Gay marriage and marriage freedom of choice in the second quarter, the attention of the people to say indirect appeal of same-sex marriage, gay marriage demands come with free speech, gay and straight are equally shall have the right to freedom of marriage, any action to prevent or prohibit same-sex marriage is not just the third quarter of same-sex marriage, with the protection of minority rights same-sex couples as a new people, has its own subculture, so gay marriage can be incorporated into the legal norms.The third chapter expounds the same-sex marriage legislation policy.So far, the realization of same-sex marriage exactly the same as that of traditional marriage is impossible, but as a transitional stage, we can refer to one country, two systems model, the marriage system on two legs, also to the protection of the rights of gay couples. I choice same-sex marriage legislative cases and its enlightenment in the first quarter, Australia, Britain and France and other countries have passed legislation to protect the rights of gay couples, gay marriage in China construction has important reference significance. The author thinks that the French civil contracts mutual model of gay marriage in China to build the reference will be bigger, two kinds of model specifications, on two legs Same-sex marriage in the second quarter into the feasibility of the adjustment of the marriage law in China, mainly from China’s attitude towards homosexuality is tolerance and understanding, as well as the medical profession and the change of views on homosexuality, homosexuality is no longer a mental illness, which makes the construction of gay marriage has the very good social basis That no matter the gay or are of positive significance to the society The scope of the third quarter same-sex couples relationship between legal protection from personal relationship property relations external legislation effectiveness and parent-child relationship.