Research The Same-sex Marriage Legalized In China

"When a man marries,a woman marries" is an ancient custom of "marriage".In China's current scene,marriage must be a union between men and women.Social development has led homosexuals to seek the protection of marriage after experiencing crime and disease.However,the legalization of gay marriage is still a dead point in the legal system as far as the Chinese law is concerned.Foreign countries show their support for same-sex marriage through specific cases,but China has no clear legal basis for whether same-sex marriage should be protected.In China,it is necessary to overcome the difficulties in the protection of gay marriage and traditional heterosexual marriage.The constitutional law and jurisprudential theory of rights and the social status quo of legal sociology provide the basis for the legalization of same-sex marriage.At the same time,China's Taiwan region announced in 2017 that the legalization of same-sex marriage should lead to a wave of discussion on whether same-sex marriage should be legalized in mainland China.From the point of view of same-sex marriage supporters,this paper probes into the difficulties and opportunities for the legal protection of same-sex marriage in China.First of all,the basis of the theory based on the basis of the homosexual pursuit of marriage protection,the equality of the law,the right of liberty,the human rights,and the public of the law in the sociology of the law and the public of the gay marriage,and the diversity of the human race has provided the theoretical basis for the legal foundation of the gay marriage,and the social foundation of the sex,and the essence of marriage is that the relationship is based on the intimate partnership of trust,and the separation of the marriage is discrimination based on the gender.Moreover,the foundation of theory needs the support of the society.Whether China's current social foundation provides a sufficiently tolerant social environment for the legalization of same-sex marriage should be discussed in this paper.The people who are opposed to same-sex marriage are in the tradition of marriage,and marriage has to be the union of the sexes,and the growth of the underage,and the development of homosexuality through the process of crime and disease.But along with the increase of social tolerance and the concept of normalization of homosexuality is deeply rooted in the hearts of the people that humans in the treatment of gays and lesbians can understanding and tolerance,thus same-sex marriage has certain social basis.In the legal system of our country,the marriage act has clearly defined marriage as a union between men and women,but it is also a violation of the freedom of marriage in the constitution of our country,and in the criminal law,we do not do equal treatment of sexual intercourse between gay and straight women,and we do not do equal treatment in the law of the law,which is that we have a negative attitude towards same-sex marriage,and all of these things show that our legal system does not have an attitude towards gay marriage,but China as a developing country,gradually,as a developing country,the legal system is gradually improving the legal system to give us the opportunity to legalize same-sex marriage.In addition,international globalization requires us to use the open mind to refer to the foreign legislative model,to think why foreign countries can legislate to realize the equality of marriage.Why does our country delay to show attitude towards same-sex marriage?Because western countries are involved in their political choices and judicial processes,our country's defense of traditional marriage has made it difficult for gay marriage.The development of the society,makes the essence of the marriage began to breed from the initial development of emotional sustenance,cannot have cannot be used as an excuse to reject marriage,and social inclusion degree gradually expand,the constitution of tolerance to provide basic rights for gays and lesbians,the diversity of human that everyone is individual,the diversification of social development needs the human to advance.These social realities provide a rich foundation for the legalization of same-sex marriage.And,foreign,foreign patterns provide us with more experience,internally,Taiwan gay marriage into a way we provide their own choice,in the end for same-sex marriage is legalized in our country to explore the mode of their own.The author believes that the same rights of gay and straight people in marriage are legalized as human rights equality,and the real equality requires the protection of the law.And looking at the world and combining international practices,legalizing gay marriage is an overwhelming trend.The development of the society,human rights protection consciousness enhancement,tolerant social environment,the progress of science and technology of a variety of circumstances that same-sex marriage has legal and rational basis,and operable,so according to the social environment of our country's existing,the author advocates making same-sex couples method is wise to protect the lawful rights and interests of gays and lesbians.