Study On Legislative Recognition Of Same-Sex Marriage

Same-sex marriage includes same-sex marriage in the narrow sense and same-sex marriage in the broad sense.Legislative recognition of same-sex marriage refers to the enactment of legal norms by special legislatures to recognize same-sex marriages in the narrow sense through the legislative process.Compared with the legalization of same-sex marriage,legislative recognition of same-sex marriage is one of the ways to realize the legalization of same-sex marriage,but only focuses on the recognition at the level of law-making,so the scope of research is smaller than the legalization of same-sex marriage.Although the legislative recognition of same-sex marriage is of great significance in safeguarding human rights,enhancing family functions,and maintaining social equality.However,since the legislative recognition of same-sex marriage requires changing the gender structure in the traditional marriage system,which is contrary to the principle of legal stability,exploring the reasons for the legislative recognition of same-sex marriage is the key to understanding the legislative recognition of same-sex marriage.From both cultural and technological levels,social and cultural changes,technology and research development are important reasons for the legislative recognition of same-sex marriage.In extraterritoriality,some countries or regions have taken the lead in legislating the recognition of same-sex marriage,and their experience of legislative recognition is of great significance.By examining the legislative practices of civil law and common law countries,we find that there are obvious differences in the initiation of the legislative process and the reasons for the passage of the bill,while the legislative background and legislative basis are similar.After analysis,the above differences are closely related to the respective characteristics of civil law and common law systems,while the similarities indicate that both countries regard same-sex marriage legislation as a means to protect civil rights.At present,there are still controversies among domestic scholars regarding the legislative recognition of same-sex marriage in China.Some scholars oppose legislative recognition of same-sex marriage in terms of traditional culture,ethics and morality,and social consequences.Moreover,most scholars advocate that the rights and interests of same-sex couples should be protected by means of non-marriage legislation.The controversy over the legislative recognition of same-sex marriage in China is closely related to the conservative attitude of the domestic public,the lack of equal protection mechanism and the unclear international legislative situation.It has become a consensus in the academic community that China needs to achieve legislative recognition of same-sex marriage in a gradual manner.Expanding the system of civil autonomy,establishing a system of same-sex non-marital cohabitation,and amending the Civil Code to recognize same-sex marriage are more scientific legislative paths.The legislative recognition of same-sex marriage should be adopted in the form of an amendment to the Civil Code to guarantee the integrity of the legal system,save legislative resources,and support the administrative registration of same-sex marriage,same-sex adoption and anti-domestic violence systems.