Legal Issues Of Same-Sex Marriage In China

In recent years, the global legalization trend of same-sex marriage rises wave after wave, along with the gay liberation movement is growing and the protection of human rights consciousness more in-depth, gay advocates equal to be treated to the world through various means and channels of desire is more and more urgent, and a series of social problems arising on homosexuality more and more attention.So far, the world has 16 countries that have recognized same-sex marriage nationwide, while Finland determined in 2017 formally to join the ranks of. More attractive is, in November 30, 2014, the traditional marriage in Taiwan area of our country advocates and gay marriage affirmative action supporters stood Kay Road on both forces against, morale, for fighting for the rights. But in the mainland of China, held in March NPC and CPPCC, famous scholar once again submitted the proposal of same-sex marriage to NPC and CPPCC, appealing the rights from the legislative layer facing the gay guarantee. This series of events in the country's largest internet exchange platform-- micro-blog causes extensive heat, more and more people have made a statement, there are still some people can not tolerate homosexuality, adopted a hostile attitude of avoiding it, but more and more people have shown great tolerance, that homosexuals should also have human rights, should also have the choice of partner and ordinary people marriage rights. Although it was only a folk spontaneous discussion, but to a certain extent is the embodiment of public opinion, and this promoted the development process of our country to legalize gay marriage.The article adopts the method of comparative analysis, and historical research, through comprehensive analysis of the domestic and international development process and the status quo of same-sex marriage legislation, different forms of the world scope of same-sex marriage are compared, combined with the specific situation in China the issue of homosexuality and feasibility of elements of legalizing same-sex marriage, so as to construct the same-sex marriage to me in the proposed rationalization proposal.This paper is divided into four parts. The first part focuses on the general situation of homosexuality, including the accurate positioning of the gay, lesbian located in various historical periods of social status, and with the development of human society, the society for the gay attitude towards the problem of evolution, thus summed up the trend of the times to legalize gay marriage; the second part is the actual situation in China, to explore the the basis of legitimacy construction of same-sex marriage legal system in China, the main description of reality, from the ethical, legal and marriage four angles, obtains the social problems in China from gay trigger forced us to stride to legalize same-sex marriage process; the third part from the legislation mode of foreign same-sex marriage as axis, discusses the current worldwide for the different legislative attitude homosexual taken, and each legislative attitude behind the profound social causes, and then cuts into the mode of legislation in different countries around the world, the same point and the difference between and a variety of legislative mode; the fourth part to our country national condition as the principle, discusses path choice on China's gay rights, as well as the construction of gay marriage law system.