On The Application Of Public Order Reservation In Foreign Same-sex Marriage

In today's world,as more and more supporters of sexual minorities and same-sex marriage begin to appeal to the international community to pay attention to and uphold the rights of sexual minorities,it is precisely from the deepening of the multi-cultural understanding of sexual culture that people are rushing to make calls for the rights of sexual minorities to be paid attention to and upheld by the international community.In a short period of decades,about 25 countries and regions have successively recognized the legalization of same-sex marriage in the form of legislation,but it is also due to different attitudes towards same-sex marriage among countries.And different legislative provisions on the rights and obligations of same-sex marriage,including homosexuals trying to realize their right to enter into marriage in different ways,which leads to the internal law There is a certain level of conflict of laws.The same-sex love has brought a great impact on the original marriage system and even the social values,and the public order retention system is a fast legal shield for the sake of social system and basic moral concept.Therefore,it can be said that the system of public order retention will inevitably have a fierce collision with same-sex marriage involving foreigners,and there will be more problems arising from the theoretical controversy over whether it is applicable or not.At what point is the criterion between balancing public interests and protecting citizens' rights,which leads to the value of institutional existence that we need to consider on this issue.China is a country that does not legislate on same-sex marriage.The above objective conflicts of laws have a great impact on the basic rights and interests of sexual minorities,and naturally we cannot avoid the legal effect of foreign-related same-sex marriage.The principle of reservation of public order,as the last barrier for a State to safeguard its fundamental interests,is the legal cause for a State to exclude the application of foreign law,But what basic attitude should we adopt to apply this principle or not to distinguish the total negation? this paper will be divided into five chapters to elaborate in detail.The first chapter begins with a detailed introduction to the basic definition and concept of same-sex marriage involving foreign countries,the current legislative situation and the origin of development among countries,and gives a simple description of the classification of same-sex marriage in theory.The discussion of the same-sex marriage in theory in our country is discussed in detail.The second chapter analyzes the basic concept of public order reservation and its meaning in different countries and the existing legislative provisions,expounds the application of public order retention insame-sex marriage involving foreign countries,and uses the case as a direct manifestation.Introduction of the legal basis for provisions on the applicability of reservations to public order in different countries,in particular In the field of same-sex marriage case application and non-application of different circumstances to carry on the case analysis;The third chapter is to expose the problems arising from the retention of public order in same-sex marriage cases at home and abroad.To conduct a detailed analysis of what should be done to adjudicate cases of different types of same-sex marriage in all the circumstances that may be faced in the courts,And the issue of attitudes towards the legal effects of foreign same-sex marriage in the absence of domestic recognition of same-sex marriage at the national level,It also focuses on the problems that our country may encounter in maintaining the system of public order and negating the effect of same-sex marriage concerning foreign countries and the negative effect it brings.The surface effect is described in detail;The fourth chapter is a powerful answer to the questions raised in the full text,that is,the principle of public order reservation cannot be used as an absolute reason to completely negate the validity of same-sex marriage involving foreign countries.We should analyze the different situations on the realistic level,suggest that we should apply this system rationally and give some detailed suggestions,at the legal level and the guidance level of the court's practical practice;The fifth chapter is the conclusion of the full text,that is,the summary of this paper,for the choice of the topic of a rather powerful response.