The Protection Of Homosexuals' Marriage Rights In The Perspective Of International Law

Homosexuals are widely distributed in the various countries in the world,because of widespread misunderstanding and discrimination,homosexuals' marriage rights often get due protection of the right to life,liberty,in some countries and regions are difficult to obtain protection.As a member of the human,homosexuals should enjoy the same rights as heterosexuals,this is the inevitable requirement of international human rights,and is the inevitable requirement of social development.Under the theory of human rights,homosexuals' marriage rights should enjoy freedom and equality,human rights,gay and lesbian seeking marriage legal process,is also the process of the pursuit of human rights protection.Protect the right of homosexuals' marriage,but also to protect this group of special human rights.Currently in the United States,Canada and most European countries,homosexuals' marriage rights has been more and more get the attention of legislation and judicial practice and value,some countries will the specific provisions of homosexuals' marriage rights law.Many existing same-sex marriage legislation of the country in the process of legislation,the legislators' attitude toward homosexuals' marriage rights went through a process from exclusion to gradually accept.Other countries not yet admitted that homosexuals' marriage rights can experience the process,because to strengthen the protection of rights of homosexuals marriage,is the necessary requirement of respect and safeguard human rights,is the trend of The Times.The established national laws and court cases,can become a source of reference.Based on homosexuals' marriage rights associated with international law and human rights as a breakthrough point,from the perspective of the international law,sociology and other multi-disciplinary,analyzing qualitative,historical development and human rights,introduce and liberty,equality,and is closely related to the homosexuals' marriage rights.Through the introduction of the same-sex marriage legislation and judicial practice of abroad,analyses the development of legislation and the typical model,study the law and judicial precedent,summarizes the advanced experience.Finally,starting from the present situation of legal system in our country,this paper discusses how to get homosexuals' marriage rights confirmation and protection,in a larger range of homosexuals' marriage rights protection in our country,will look for.The first chapter is the introduction,through this paper selected topic background and significance,introduced the research status of homosexuals' marriage rights problem at home and abroad,put forward the research methods and innovations.The second chapter," homosexuals' marriage rights sequence",this paper expounds the problems what is gay,introduces the origin of the homosexuals' marriage rights and the historical evolution,and starting from the theory of basic human rights,marriage rights for gays and lesbians,respectively,to the point of view of liberty,equality,were discussed,finally the significance of human rights protecting the right of gay marriage.The third chapter "foreign homosexuals' marriage rights legislation and judicial practice".Selected the law as the main content of the United States,the Netherlands and France,upon confirmation of the above three countries and protect the right of homosexuals marriage in the legislative process,including the historical development,landmark event,etc.,summary analysis of the above three countries same-sex marriage legal or legislative model,and to conduct a comprehensive study.The fourth chapter "the homosexuals' marriage rights legislation and judicial practice",respectively,to our country marriage legislation introduced in four legal,treat homosexuals' marriage rights position analysis respectively,and there are the barriers to protect the right of homosexuals marriage in China.The author chose a representative of same-sex marriage cases in our country,and put forward the author's thinking and confusion on the case.The fifth chapter "for homosexuals' marriage rights protection in China's legal thinking".First think about the current law system in China and abroad about the legislation of homosexuals' marriage rights and judgment of conflict,and put forward reasonable Suggestions.Secondly,from the legal system and social development of our country,the author analyses the necessity of protecting homosexuals' marriage rights.Finally,draw lessons from foreign existing legislative model and case,discusses our country protect the right of homosexuals marriage in the legislative and judicial level.