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On The Legal Recognition Of Foreign-related Same-sex Marriages In Our Country

Posted on:2018-05-06Degree:MasterType:Thesis
Country:ChinaCandidate:X E FanFull Text:PDF
GTID:2436330542476998Subject:Private international law
Abstract/Summary:PDF Full Text Request
Since the beginning of this century,more and more countries and regions have given different forms of recognition of same-sex unions.There is not only the same-sex marriage mode,but also the mode of civil unions,and of same-sex couples registration.Even if China can always avoid the issues of same-sex relationships within the domestic law,but with the progressing technologies and the trending of globalized immigration,it is very difficult for China to avoid foreign same-sex marriage and other issues concerning the validity of international law.Our country has been used to deal with the same-sex marriage problems according to The People's Republic of China Law for Foreign Related Civil Relations Law that implemented since April 1,2011;by aligning with the principle of reservation of public order,China refused to recognize same-sex marriages on the grounds.Therefore,as long as the cases happened related to same-sex marriages,such as the right of spouse,parental rights,and inheritance rights involving children,even up to the adoption of the protection of human rights,it needs to be taken into account at the first place that if the same-sex marriage is considered effective.In other words,it will inevitably lead to blanks and conflicts when it comes to private international law in the near future,as more countries and regions gradually acknowledge and even support same-sex relationships.Therefore,China might have to take a more advanced perspective looking at the foreign-related same-sex marriage and address potential issues.The basic idea of this research is that by introducing the mode of foreign same-sex marriage legislation,the legitimacy of legal recognition on foreign same-sex marriage would be analyzed,as well as the obstacles during such a recognition process following with discussion on solutions accordingly and also specific measures.In addition to the introduction and conclusion,this paper is divided into five parts.The first part explained the meaning of the same sex marriage as well as the main form of the legislation of the same sex marriage.The second part discussed the legitimacy of recognizing the foreign same-sex marriage in our country.The legitimacy determined the law should be acknowledged,otherwise it is meaningless to recognize it.The third part focused on the difficulties in terms of legal recognition on the same sex marriage in China.As this country has not yet admitted such unions,the reasons are analyzed in this part including influence of traditions and the missing of law.The fourth part talked about the possibility of dissolving the obstacles in China.Considering these issues,if this country would break through the difficulties was described.The fifth part is the final conclusion,where the author gave the concrete suggestions on the recognition of the legal relation of the same kind in China.At present,China has not yet legalized same-sex marriages,however,with the rapid development of same-sex marriage legislation in other countries,it might result in conflicts about same-sex marriage issues due to the lack of law in this country.This paper starts from The People's Republic of China Law for Foreign Related Civil Relations Law,looking for breakthrough and improvement.Meanwhile,it categorized the same-sex marriages if they have the intentional evasion from domestic laws.By doing so,with the limited use of the principle of reservation of public order,it suggested the separated recognition concerning individual situations,which would not dishonor the law and its authority in China,nor harm the rights of people.
Keywords/Search Tags:Same-sex marriage, Recognition, Reservation of public order
PDF Full Text Request
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