Study On The Relief Of Marital Rights Of The Gay Men's Wives In China

Since the reform and opening up beginning,national material condition has got an incredible improvement.Since our country Increased investment in cultural and educational level,the social and cultural atmosphere has gradually become active.People's attention to homosexuality is increasing.A variety of related news and research also appears more and more.Volunteers make a lot of contributions to homosexuals rights.However,When people pay attention to the protection of the rights and interests of homosexuals,they forgot the group living behind the shadow of homosexuals : the people which is more vulnerable and easily overlooked,bebing marriage partners of homosexuals.But because the number of social concern with the wife is very limited,there is a lack of relevant research,and China's existing marriage law framework for the rights of gay's wives is not perfect,when they suffer the marriage rights violations,they can do nothing but being hopeless.Therefore,the author believes that it is necessary to discuss the legal issues with gay's wives,met on the existing legal framework with wife rights dilemma,to find solutions to this problem effectively in the future how to strengthen the legal regulation in this regard.This article focuses on the above problems,from the perspective of the marriage law,combined with applied law,comparative law and other research methods to analyze the legal problems faced by the gaymen's wives.There are "four difficulties" in the divorce proceedings of the gaymen's wives concludes that the request for divorce is difficult,the parties are difficult to collect evidence,the court authentication is difficult,the divorce compensation and the property division is difficult.In view of the above-mentioned legal difficulties,the author puts forward the following suggestions according.First,gradually recognized same-sex couples in the legal status of our country.Second,put gaymen's wives mairrige into the revocable marriage system.Third,improve the evidence system.Fourth,make clear the specific content of spouse rights.Fifth,improve the divorce compensation system and property division system.At the same time,creating a more inclusive understanding of the gay community social environment,is also a key point to prevent the recurrence of gaymen's wives in China,.