On The Legalization Of Same-sex Marriages In China

The term “homosexuality” is not often mentioned in our daily life,but before the German doctors coined the term “homosexuality” in 1869,homosexuality has prevailed in human society,and homosexuality has experienced primitive society and slave society.The feudal society,as of today,homosexuality has always existed as a universal social phenomenon."Homosexuality" refers to a kind of sexual orientation attracted by same-sex,and the objects of sexual behavior tend to be homosexual.In different countries,people's attitude toward homosexuality and same-sex sexual behavior is different.With the continuous development of human society,people's awareness of their rights has been continuously enhanced,and more and more homosexuals have begun to pursue the right to equality and freedom.Social protection of its legitimate rights and interests.Through the efforts of homosexual groups,more and more countries and regions gradually embarked on the emancipation of homosexuality.Some countries and regions have enacted laws to protect the rights of homosexuals and promote the legalization of same-sex marriage.On May 24,2017,the Chief Justice of the Taiwanese Court of Justice announced that the prohibition of same-sex marriage was unconstitutional.According to Judge Interpretation No.748,the Taiwan government's "Civil Law" rule on marriage excludes homosexuality.This is in contrast with the Taiwan government.The people's freedom of marriage and the right to equality of the people guaranteed by the Constitution are in violation.Taiwan has become the first region in Asia to recognize same-sex marriage.At present,many countries in the world have enacted laws on the protection of the rights and interests of homosexuals.Although the degree and methods of protection are different,they all embody the importance and attention given to the legal rights of homosexuals.Research on the problem of same-sex marriage is not only the need for the development of the times,but also reflects the concern of the homosexual group.As the world's most populous country and economic power,the emergence ofhomosexuality is inevitable.China has a large population base,and the number of homosexuals is more than that of other countries.However,the regulation of homosexuality in the law is still blank.The government With no comment on homosexuality,avoiding homosexuality will lead to more social problems.At present,China has achieved "decriminalization" and "non-pathology" of homosexuality.The phenomenon of homosexuality is a hot topic in the academic world.However,most people do not understand homosexuality more,and they discriminate against homosexuals.Do not understand is still widespread.This has led many gay men to dare to disclose their sexual orientation and to enter into marriage with the opposite sex under the pressure of traditional family and marriage concepts.This has led to family tragedies and even social tragedies.Therefore,China should learn from the mature experiences of other countries in the issue of homosexuality,combine the national conditions in China,protect the legal rights of homosexuals on the legal level,and gradually promote the legalization process of same-sex marriage.This article conducts research on the basis of same-sex marriage,and mainly adopts literature research methods,comparative research methods,and summing induction methods,and the necessity and feasibility of the legalization of same-sex marriage in China is based on biological basis,legal basis,legal basis,and social basis.Demonstration of several major legislative models of same-sex marriage in foreign countries and regions,combined with China's national conditions,after analyzing the most suitable for China's current legislative model.This article is divided into five main sections:The first part is the understanding of same-sex marriage.Introduced the concept and characteristics of same-sex marriage,homosexuality and same-sex marriage,the similarities and differences between same-sex marriage and heterosexual marriage,and elaborated the same-sex marriage in a more specific way,confirming that homosexuality is not a product of modern society,but it has existed since ancient times.There is no substantial difference between marriage and heterosexual marriage.The second part mainly elaborates the current situation of same-sex marriage in China and the causes of the current situation of homosexuality.China has not yet recognized same-sex marriages and there are no laws and regulations on the protection of the rights and interests of homosexuals.The homosexuality problems in China are mainly caused by three aspects: the traditional family concept,the traditional ethics concept,the moral concept,and the traditional culture.The third part is about the legalization process and model of same-sex marriage in foreign countries and regions.First,it introduces the development history of homosexuality in foreign countries.Second,it introduces the legalization process and models of same-sex marriage in some representative countries and regions,and finally,these countries And regional processes and models.The fourth part demonstrates the legalization of same-sex marriage in China from the aspects of necessity and feasibility.Necessity is mainly demonstrated at the individual level,at the marriage and family level and at the social level.Feasibility is analyzed from the perspective of biological basis,legal basis,legal basis,and social foundation.This chapter is the theoretical basis of this article.The fifth part mainly elaborates the idea of the construction of same-sex marriage system in our country.It is divided into two small sections.The first is about the choice of the same-sex marriage system.There are three modes: the revision of marriage law or the formulation of same-sex marriage law,the formulation of cohabitation law,and the establishment of a registration partner system.The last one is more in line with China's current actual situation;the second envisages the legislative assumption of China's registered partnership system,specifically from the determination of validity,child adoption,inheritance,and disposal of property.