Research On Legal Issues Of Same-sex Marriage

Homosexuality phenomenon has existed since ancient times throughout the long journey of human history.Since the existence,homosexuals have inevitably been experiencingthe discrimination and isolationfrom the secular society.Their basic rights,especially legal rights including marriage right which is most important for them,can not be guaranteed.In recent years,with the promotion of human rights and the progress of our society,many homosexuals choose to enter the social activities bravely and propose their requests for civil legal rights.Many Western countries have accepted and recognized same-sex marriage at legal level,which hasrealized the legal protection for homosexual marriage.However,in China,thelegislation on same-sex marriage is still blank.The author believes that we should face up to the issue of same-sex marriage,respectingand protecting the rights and interests of homosexuals.Based on this,this paper will focus on the possibility to legalize same-sex marriage in China and discuss the way tocarry out same-sex marriage legislation.At the same time it will analyze the content,characteristics,advantages and disadvantages of the foreign same-sex marriage legislation modes,learn fromthe successful experience,and propose a suitable legislative mode for same-sex marriage in China--"the registered partner mode".This paper can be divided into five chapters:The first chapter will introduce the related concepts and classifications of homosexuality,and describe the category of the subject of homosexuality under the definition of civil law.At the same time,it will outline the concept and essence of marriage and expound the generation and development of same-sex marriage.The second chapter will expound the dilemmas the homosexualsare facing in the current society in China,including the attitude for homosexuality fromthe mainstream society,the predicament of homosexualsunder traditional marriage and the absence of legal protection for same-sex marriage,which represents the necessity and urgency to realize legislation for same-sex marriage.The third chapter will discuss thelegalization of the same-sex marriage in China from the perspectives of the legal basis,the legitimacy,and the feasibility,providinga theoretical supportfor the legalization of same-sex marriage in China.The fourth chapter will introduce the modes of legislation for same-sex marriage in typical foreign countries,and make a comparative analysis and research,which will provide a valuable reference for us to construct the suitable legislation mode for same-sex marriage in China.The fifth chapter will propose a suitable legislative mode for same-sex marriage in China--"the registered partner mode”,and make relevant scheme about how to realize the registered partner mode in China.