Study On Law Application Of Same-Sex Marriage's Effect

In the traditional conception, marriage is the social form of combination of men and women, contained by the social system of that time. In accordance with the basic principles of traditional legislation of marriage, the subjects of marriage must be opposite sexes, which are now facing challenges. However, as gay rights liberation movement and the development of the human rights movement, people's and governments' attitudes towards gays and lesbians changed, especially in western countries. Now some countries, such as Denmark, Holland, Germany, France, Britain, Spain, the United States, Canada, have allowed homosexual marriage or homosexual relationship through legislation, and endowed them the same or similar rights in marriage and family aspects with the heterosexual marriage or relationship. With today's high fluent drain of staff and the increasing civil exchanges, mixed marriage teemed. The Marriage Law of the People' Republic of China disabled the homosexual marriage, and there is no legal dispute about the validity interiorly. But the conflict of laws about homosexual marriage in international private law has risen, and cases about the validity of homosexual marriage have appeared. With the deepening of China's opening to the outside world, the law of China will face these questions in the future. And it's necessary to research the question in the theoretical level. Based on the international hotspot of legalizing homosexual marriage, for the different legislative attitude in international community, the paper tries to discuss the application of law in the validity of homosexual marriage.The paper consists of four parts.In the first part, the paper expounds the conception of homosexual marriage, and the difference between the homosexual marriage and the traditional heterosexual marriage, and then introduces the development history of homosexual marriage.In the second part, the paper mainly introduces the legislative situation of some foreign countries about homosexual marriage, and compares the different legislation model and characteristics, and the reason why the conflict of law in the validity of homosexual marriage occurs.In the third part, on the basis of the former two parts, the paper introduces the application of public order reservation systems, the recognition of homosexual marriage, applicable law, and the recognition and enforcement of judgments, when the conflict about application of law in the validity of homosexual marriage occurs due to the different stipulations about homosexual marriage.In the fourth part, in allusion to the core problems in the field of legal application in homosexual marriage, the author put forward the viewpoints in solving the conflicts of validity of homosexual marriage: if the homosexual marriage is established in foreign countries, the aim of the party referring to the homosexual marriage when submitted a request, such as heritage or immigrant, should be taken into consideration when decides whether recognize the validity; in the meantime, the qualitative analysis should be applied to distinguish the homosexual marriages to evaded marriage and non-evaded marriage. And the public order reservation could be used to disable the validity of evaded marriage, and the validity of non-evaded marriage could be recognized.Conclusion further emphasizes the distinguish between different situations, to confirm the importance of same-sex marriage's legal effect.