Research On The Moderate Recognition Of Foreign-related Same-sex Marriage

With the continuous rising of homosexual right defence movement and the legalization of same-sex marriage in the United States and Taiwan,the wave of legalization of same-sex marriage has once again set off around the world.And with the continuous economy development of China,the gradual deepening of reform and opening up,and the increasing international status,more and more foreigners come to China to travel,work,study and live,and there are many same-sex marriages among them.However,since China does not recognize same-sex marriage,how to effectively protect their rights is a major issue facing China.This thesis demonstrates the purpose of appropriately acknowledging the same-sex marriage and safeguarding the legitimate rights and interests of same-sex marriages,and explores the relevant measures to moderately recognize the same-sex marriage.In addition to the introduction and conclusion,this paper is divided into four parts.The first part analyzes the first case of the same-sex marriage rights defense in China and the relevant laws and regulations on same-sex marriage in China,and clarifies the current status of China's refusal to recognize the legality of foreign-related same-sex marriage;the second part demonstrates the necessity of moderately acknowledging the same-sex marriage from three aspects:the decontamination of homosexuality,no harm to the public order if the effectiveness of foreign-related same-sex marriage is moderately recognized and the protection of same-sex marriage rights;the third part studies how to recognize appropriately the foreign-related same-sex marriage,and proposes different treatments for different types of same-sex marriages under different circumstances;the fourth part gives the promotion measures of moderate recognition of same-sex marriage in two aspects.First,in the conception,it's a proper way to use education and the influence of cultural people to improve the public's tolerance of homosexuality and raise their awareness of rights protection;secondly,in the system,improve the Legal System of the Applicable Law of Civil Law Overseas in China and use the experience of other countries and regions in dealing with issues related to same-sex marriage for reference to achieve appropriate recognition of the effectiveness of foreign-related same-sex marriage.