Research On The Legalization Of Same-sex Unions In China

As a social phenomenon,homosexuality has been widely existed in every corner of human society.In recent years,with the development of the society and the innovation of the concept,the topic of homosexuality and same-sex unions has attracted increasing attention.Especially on May 24,2017,the "chief justice" of Taiwan's judiciary announced the "interpretation of the constitution" to legalize same-sex marriage.In the civil code solicitation in 2019,the participation in the topic of "same-sex marriage legalization" reached a new high.In the 21 st century,the human rights movement has expanded rapidly to the whole world,and the attitude towards homosexuals in the world has gradually shown a trend of tolerance.It can be seen that this phenomenon has become a social phenomenon that cannot be ignored again.Up to now,although 36 countries and regions in the world have legislated and regulated same-sex unions,which can provide reference for other countries,the traditional marriage and family system is still facing an unprecedented legislative challenge under the impact of the new combination model.Under such a realistic background,China currently maintains a "cold violence" attitude on the issue of same-sex unions that neither supports nor opposes,and its disregard for the gay community makes it impossible to use legal weapons to properly safeguard its legitimate rights and interests when the relevant rights and interests of the gay community are damaged.In the long run,such an attitude will not only have a serious negative impact on the gay community,but also be detrimental to the stable governance of our society.Based on this,the author made the research on our country legal recognition to same-sex unions,in-depth discussion and research on same-sex unions,and the legislation of current global regulation mode comparative analysis,combined with the practical circumstances in our country,put forward suitable countermeasures so as to better regulate the gay community in our country.This paper focuses on the research of homosexuality,a minority group,and firstly introduces the hot topic of "same-sex union" from the current hot events.Then,on the basis of the causes and status quo of homosexuality,it analyzes the difference between same-sex union and same-sex marriage in detail,so as to clarify the meaning between the two.Then,through the comparative analysis of different modes of same-sex unions in foreign law,the authorpoints out the existing problems and deficiencies in this aspect.Secondly,the author points out the necessity and feasibility of legalizing same-sex unions in China.At last,some Suggestions are put forward to promote the legalization of same-sex unions in China.The first part firstly makes a detailed interpretation of the collection of opinions on the marriage and family draft of the civil code,including the degree of public participation,public opinion orientation and event influence.It is also pointed out that there are various ways and different modes of legislation and regulation on same-sex unions in countries around the world,which leads to a diversified era of legislation on same-sex unions in countries around the world.However,China has not yet taken a real step in the background of the huge homosexual community.The second part makes a general introduction to same-sex unions,including the causes and status of homosexuality,the conceptual analysis of same-sex unions and same-sex marriage,and three different legislative modes of same-sex unions.As a long-standing social phenomenon,the cause of homosexuality is a very complex issue,including three viewpoints of nature factor,nurture factor and nature nurture combination factor.In comparison,the combination of genetic factors and environmental factors is more convincing.Nowadays,in the context of the large gay community,same-sex marriage is bound to cause controversy,and same-sex marriage,as one of the ways of marriage,has been the ultimate goal of the gay community for many years.The third part focuses on the analysis that China,as a large country of homosexual groups,is facing such problems as the impact on the traditional family concept,the influence on the next generation and the lack of legal basis in the face of the legalization of same-sex unions.Make a thorough study of these problems in order to find out the solution.The fourth part discusses the necessity and feasibility of legalizing same-sex unions in China.To solve this legal problem is not only the value requirement of legal equality,but also the need of human rights protection.It is not only the need to maintain social stability,but also the need to provide for the elderly.However,with the improvement of the public opinion environment in China,the constitutional basis provided by the constitution in the three aspects of personal dignity,equal rights and freedom rights,and the reference provided by the existing legislative practice abroad,the legalization of same-sex unions in China also hascertain feasibility.In the fifth part,based on the actual situation of our country,some Suggestions are put forward,including the choice of legislative mode and the way of legal practice.The legislative mode should not directly impact on the traditional marriage mode,but should adopt regional pilot mode in the legal practice.Under the in-depth analysis of the practice of foreign law,the gradual promotion of the registered partner model is a wise choice.