Research On Same-sex Marriage Legislation

Because of the influence of the feudal culture, Chinese do not talk about the homosexuality much, the country still stays at the initial stage of considering the existence of the homosexual people. There is no native legislation of protecting the rights of homosexual people. On the contrary, with the internationalization of people's lives, the minds of people become more and more open, the questions about homosexual's rights protection come out frequently. When the relationship between the reality and the deletion of law become irreconcilable, the legislation would be necessary. The paper tried to prove the validity of same-sex marriage by analyzing the deferent opinions about homosexuality, and to propose the initial pattern of Chinese same-sex marriage by analyzing the present legislation. This paper is consisted with three parts.The first part is about the analyses of the two most important opinion about the same-sex marriage. The oppositions of same-sex marriage are considering the homosexuality conflicting with the ethics and morality and having nothing in correspond with the system of marriage for the homosexual partners cannot have the descendants. Also the same-sex family is not favorable for the growth of children. To disprove these opinions and prove the validity of same-sex marriage, the pros analyzed the appearance of homosexuality, the nature of sexual ethics and the changes of function of marriage system. In the last, there is a summary to prove the validity of same-sex marriage further.The second part mostly analyzes the present same-sex marriage legislation all round the world. Firstly, there are introductions about kinds of same-sex marriage legislation and their characteristics. Then give some analyses of the advantages, disadvantages and the application conditions of the patterns to help with the proposals of Chinese same-sex marriage legislation pattern in the last part.The third part is about the proof of the validity of Chinese same-sex marriage and the proposal of the legislation. This part firstly introduces the obstacles of Chinese same-sex marriage, then refutes the oppositions, and analyzes the advantages of Chinese same-sex marriage legislation. Finally, aiming at the dispute of using the marriage pattern to protect the homosexual partners, this part proposes that our country could use registration pattern which is easily designed in this part to regulate the unions of homosexual partners in the actual situation of China.