A Jurisprudential Study Of The Legalization Of Homosexual Marriage In China

Homosexuality is one of the subculture phenomena.Although every stage of human life has its own form,it has never been accepted by the mainstream culture of the society.However,so far,most people have basically recognized the idea that sexual orientation and religious belief,skin color is exactly the same,it's just a personal choice,there is no high and low,good or bad.Homosexuality is an objective phenomenon.Since it appears as a label,it is naturally due to the needs of some people in the society,hoping to gain their rights and way of life through such a medium,and get the acceptance and recognition of the society and even the country.In the country and the region that recognize homosexuality,whether the ordinary people or the experts and scholars have experienced the crime,the morbid and the normal,In my opinion,China is more special,as long as the state power and social development are not affected by the phenomenon of homosexuality,the overall attitude of the society to this group is relatively moderate.Most of all,since the reform and opening up,with the economic development of the increasingly frequent and violent collision of ideological and cultural exchanges,people's ideas are gradually changing,one of the symbolic expression is the gradual tolerance of homosexual groups,which is undoubtedly a great help for the gay community to fight for their rights.It is undeniable that as a subculture,homosexuality has a certain position in the mainstream discourse power of the West with the help of a variety of homosexual liberation movements,while in China,although the government has already declared it to be non-sick,it is only to accept this conclusion in the academic and medical circles and to expand it within this scope.There are still a considerable number of people in the society who have a strange eye for the homosexual population and still have serious misunderstandings about the topic of the same sex,even they are afraid to avoid it.The reason is that there is no evidence to follow in the legal level of homosexual marriage.The homosexual group faces many difficulties: the society only recognizes the marriage between the opposite sex,but does not accept the union of the same sex;the pain and pressure of self-denial,and so on,and at last,they have to compromise with secular ethics,or choose to marry opposite sex,or hide their sexual orientation in order to integrate into the mainstream society.But it is certain that regardless of the choice of homosexuals,because of the deep-rooted difficulties of traditional ideas,it is almost impossible to be a harmonious outcome,but only a tragedy.Based on this,the author hopes to analyze the dilemma of the homosexual group in China and demonstrate the necessity and feasibility of the implementation of same-sex marriage in China,so as to strive for the legitimate living space and the social dignity of the homosexual group in China.This paper uses history,comparison,sociology of law and law and economics to analyze the plight of homosexual marriage in China,which can't be effectively protected in China,and analyzes the predicament and concludes the main factors that the same-sex marriage has not been recognized in China.After that,the author uses a cross-disciplinary approach to explore the necessity and practical possibility of homosexual marriage in China,combining the analysis of homosexual related reports in China.According to the actual situation in China,it puts forward a feasible legislative design for the implementation of homosexual marriage in China.In the end,the promotion of same-sex marriage in China needs everyone's action and efforts.This article is divided into three parts.The first part discusses and analyzes the difficulties faced by the legalization of same-sex marriage in China,which is explained from four aspects: the deep-rooted traditional factors,the pressure of the social environment,the self life concerns of the homosexual group and the existence of health risks.The first section of the second part demonstrates the legal basis for the realization of the legalization of same-sex marriage in China from the perspective of human rights,freedom,equality and the "cost-benefit" of law and economics.The second sections are from the shortcomings of the current law,the need for the prevention of health risks,the increase in the number of homosexuals,and the common life of homosexuals.The increase in demand demonstrates the practical need for the legalization of same-sex marriage in China.The third part,through the feasibility of same-sex marriage in China's legal concept and the feasibility of the system,from the emergence of a new concept of marriage and the transformation of family functions,China can learn from the experience of many countries that have been legislator for homosexuals and choose feasible legislative design from the state of our country.In the concluding part,I put forward that same-sex marriage is necessary and inevitable in China.Although the realization of same-sex marriage is still difficult in the current China,the legalization of homosexual marriage in China is only a long time long as long as we begin to pay attention to homosexual and homosexual groups.