Research On The Law Application Of Concerning Foreign Same-sex Marriage

With the rising voice of the human rights movement,the "equal rights" movement to protect same-sex couples is also in full swing.More and more countries or regions are not only beginning to recognize the legalization of same-sex marriage at home.Many scholars in our country have also called for the recognition of the validity of same-sex marriage relations,However,based on the current social foundation and conditions in our country,the path to legalize same-sex marriage is long and tortuous.Although same-sex marriage cannot be effectively recognized by our substantive law in a short period of time,it does not mean that we can be shelved and have nothing to do with it,because with the international law of our country,With the increasing of foreign affairs,the legitimacy of foreign same-sex marriage is inevitable.The purpose of this paper is to analyze the situation and problems that foreign same-sex marriage will encounter in the application of the law in our country.We should make different policies to deal with them,and we can no longer refuse to recognize it on the grounds of public order reservation and law evasion as before.We should first clarify the preliminary issue of same-sex marriage involving foreign countries,and then strictly and reasonably apply the principle of public order reservation according to different circumstances and take the special clause of law evasion as a supplementary measure.Alternatively,we can establish the link point through the principle of the closest connection,and combine the advantages of different foreign legislative models to choose a legislative model suitable for our national conditions.Pass these ways,in order to make up our country law in this respect blank.