Research On The Legalization Of Same Sex Marriage

In 2020,the Civil Code,which attracted much attention,was issued.One of the main opinions collected in the draft stage was the issue of legalizing same-sex marriage,but it was not reflected in the Civil Code.More and more countries grant the right of same-sex marriage through laws,but there are no relevant laws or regulations in China to protect the rights and interests of the gay community.On the basis of thinking about the issues related to same-sex marriage,through the collection and sorting of literature,I put forward my own views and suggestions,hoping to provide a modest force for the protection of the rights and interests of the gay minority group.The first chapter is the introduction,which makes a brief introduction to the research background of the paper and sorts out the current research status of the same sex marriage in China’s academic circle.Compared with foreign countries,domestic research on the same sex marriage is still not deep enough.Faced with the lack of protection for the rights and interests of the homosexual community,most scholars agree that the rights and interests of the homosexual community should be protected.The second chapter analyzes the reasons why same-sex marriage is not included in the Civil Code,which mainly includes two aspects: social recognition on the one hand,and social foundation conditions for the legalization of same-sex marriage on the other.In terms of social recognition,it is mainly influenced by the traditional social culture and the negative evaluation on the Internet,which makes the social public hold the stereotype or even prejudice towards this group.The basic conditions required for the legalization of same-sex marriage are interwoven and not completely independent.The key factors for the complete realization of the basic conditions include not only the gay community itself,but also the families that gay people live in and the whole society.The third chapter demonstrates the necessity of legalizing same-sex marriage.The emergence of crimes caused by the lack of protection of gay rights and interests has caused serious damage to the rights and interests of the gay community.Therefore,the legislation of same-sex marriage is necessary and urgent.With more and more countries in the world granting same-sex couples the right to enjoy marriage through the form of law,the appeal of the gay community in our country for being able to get married is becoming more and more intense.The fourth chapter explains the legitimacy of the legalization of same-sex marriage from three aspects,including the decriminalization and non-disease of homosexuality,and provides a theoretical basis for the legitimacy of the existence of homosexuality and the legalization of same-sex marriage from the perspective of psychology and medicine.The normality of homosexuality and the development of The Times and the change of marriage view provide the realistic basis for the legalization of same-sex marriage.The appeal of homosexuals for marriage conforms to the value judgment of the constitution and the concept of human rights and has the legal basis for legalization.The fifth chapter puts forward some suggestions on the legalization of same sex marriage in China.First,it elaborates the legislation and practice of same sex marriage in foreign countries and Chinese Taiwan.Secondly,through the power of the media and the gay community itself,it can lead some of the public to misunderstand this group.Finally,the author believes that under the background that the Civil Code has just been passed,the cost of revising it again is too high and it is difficult to achieve,so the gay community can be granted the right to enter into marriage through separate legislation.