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A Study On The Legislative Models For Same-sex Relationships And Their Enlightenment To Chinese Legislation

Posted on:2016-03-26Degree:MasterType:Thesis
Country:ChinaCandidate:L F HuFull Text:PDF
GTID:2296330503956448Subject:Law
Abstract/Summary:PDF Full Text Request
In the 21 st century, homosexuals’ human rights have been progressed greatly and many western countries have constructed legal institution of same-sex relationships one after another. Different legislative models for same-sex relationship have been adopted by these countries because of different politics, economies and cultures among them, while the mainstream legislative models are three: the registered partnership of the USA, the French PACS and the same-sex marriage of Holland. As for China, there is no legislation on same-sex relationships. In order to promote protecting homosexuals’ human rights and follow the trend of legislation on same-sex relationship, China should learn from foreign legislative experience for legislation on same-sex relationship.After analyzing and comparing these three legislative models, we know their legislative backgrounds, developments, prospects, advantages, disadvantages and common points. In view of the above situation, the model of registered partnership of the USA is most suitable for China by considering China’s history and concrete national conditions.Nevertheless, the formulating and implementing of law are affected by various factors. From an objective point of view, it is not likely for China to enact statutes on same-sex relationships in a short time. Therefore, the situation that there is no legislation on same-sex relationships will continue for a long time, and we will face a dilemma: How to handle with the same-sex relationships involving foreign elements? Based on western countries’ legislative practice and China’s legislative status quo, this thesis thinks the best way to deal with the same-sex relationships involving foreign elements is to apply the reservation of public order reasonably and revise the Statute on the Application of Laws to Civil Relationship Involving Foreign Elements of the People’s Republic of China.
Keywords/Search Tags:models for same-sex relationships, enlightenment to legislation, reservation of public order, application of laws
PDF Full Text Request
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