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Research On Foreign-related Same-sex Marriage And Legal System Of Reservation Of Public Order In China

Posted on:2018-08-30Degree:MasterType:Thesis
Country:ChinaCandidate:W H FanFull Text:PDF
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In June 26,2015,the Supreme Court of the United States declared that states should require registration of same-sex marriage and should recognize same-sex marriage registered in other state.With the end of Obergefell v.Hodges,the issue of same-sex marriage legalization has become a hot topic in international legal regime once again.By rising and developing of the gay liberation movement,the love between the same-sex lover has brought great impact on the original marriage system,as well as the societal values.And,the reservation of public order is a way to use legal method to protect the social system and the basic moral concepts.Therefore,there should be a conflict between the recognition of same-sex marriage and the reservation of public order.Based on the cases of foreign-related same-sex marriage,I am trying to consider Chinese judicial practice in reservation of public order by balancing public order and individual interests.This article is divided into four parts;the first part is focused on a key question of same-sex marriage based on a case;the second part is that foreign-related same-sex marriage will challenge reservation of public order in China,and introducing the three different types of the same-sex marriage for the court was requested,and the problem by blindly refused foreign-related same-sex marriage in China;the third part is the introducing of the public order reservation,including tendency of public order reservation all over the world and the foreign precedent cases about using public order reservation to deal with same-sex marriage;the last part is the suggestion to solve this problem,including the advice of jurisprudence and suggestion of judicial practice.
Keywords/Search Tags:Conflict of law, foreign-related same-sex marriage, reservation of public order, clash, legitimation
PDF Full Text Request
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