The Study On Legalization Of Civil Partnership

Homosexuality phenomenon exists in the human history for thousands of years until now.Acording to the large amount of survey,different society contains a fixed rate of homosexuality that accounts for 2%-5%.Although the homosexuality is also exists in different society,but has not formed the mainstream,as relatively marginalized.For a long time,because of cultural tradition,religious belief and social customs,compared with other social mainstream homosexual people suffered the discrimination,insult or even persecution from the all party of society.Along with the development of times,the right consciousness of homosexuals is awakening,more and more homosexuals came out of the "closet",walk onto the streets to pursuit the freedom,equality,marital rights and their legitimate rights.Start from the homosexuality was decriminalization and non-pathological,through homosexuals persistent efforts,more and more rights protection activities started all over the world and some countries are allowing same-sex marriage.And law of China for this issue is still in a blank,and the governments attitude towards homosexuality is always ambiguity so that can not start-up the legislative process.To avoid the issue is not a good way to solve the problem,our country should introduce legislation to adjust the same-sex couple relationship.We should learn the experiences of other countries,especially the England and France's experiences,combined with the practical situations of our country to regulate.Except the preface and conclusion,this paper consists of four parts,the main contents are as follows.The first part expounds the issues of homosexuality and the feature,causes and the status of society are briefly analyzed.The second part elaborates the constitutional foundations of legislation of same-sex union,which is illustrate from the human dignity,freedom and equality.The third part is about my investigation of the foreign legislative situation of legal protection of same-sex union,and separately analyses the same-sex marriage model,homosexual partnership model and civil union model.The fourth part analysis the necessity and practicability of legislation of same-sex union in China and puts forward some specific proposals,like our choice of the legislation model of same-sex union,applicable object and the rights and obligations.