Research On The Protection Of "same Wife" Rights In My Country

Although the society pays more and more attention to homosexual groups,under the influence of traditional cultural concepts in our country,more and more gay men choose to enter heterosexual marriage under the double pressure of society and family,which leads to the emergence of gay men 's wives.The practical significance of studying the group of gays' wives and protecting their rights lies in: first,more than 90% of gay men will choose to hide their sexual orientation and enter heterosexual marriage,and the number of gays' wives has reached the scale that needs to be studied;Second,the current research on the gays' wives group in our country is mostly at the sociological level,and the legal circle has not discussed much about it.However,under the infringement of rights,their suffering is not limited to the moral aspects of human relations,but comes from the fact that the demands cannot be realized at the legal level.Based on the current situation of the gays' wives group in our country,this article mainly discusses it from four aspects.The first part analyzes the causes of the gays' wives from the macro,meso and micro perspectives,and discusses the rights dilemma faced by the gays' wives in the two periods about the existence of the marriage relationship and the application for divorce.In the second part,following the basic concept of not discriminating against homosexual groups but also ensuring the right of gays' wives,this paper analyzes the right contents of the wife's spouse right and the husband's privacy right,clarifies the contradiction between the privacy right and the spouse right,and puts forward the principle of interests measurement and the principle of rights coordination as the basic principles to solve the conflicts of rights.On the premise that the wife's spouse right is taken as the priority protection object,the rights of both parties should also be properly coordinated so that the husband's privacy right can be protected to a certain extent.The third part makes an in-depth analysis of the dilemma of gays' wives from two aspects of law and morality: at the legal level,it's still insufficient in the legislative provisions on marriage conclusion stage,divorce stage and divorce damages compensation,and there are also problems of difficulty in obtaining evidence by parties and court authentication in judicial practice;On the moral level,this paper analyzes the grim situation faced by gays' wives in China on the basis of weak social moralconstraints.In the last part of this article,aiming at the above-mentioned problems,the author puts forward the principle of bias,principle of proportionality and voluntary principle as the guiding principles for the gays' wives cases,and puts forward a perfect scheme from the perspectives of legislation,justice and society.It is hoped that the double remedies of law and society will be adopted to provide guarantee for their rights.