| Since ancient times, the existence of homosexuality is a prevalent cultural phenomenon. Homosexuals have their own code of conduct and manner. Because of the difference from the majority of heterosexuals, they became social minorities and vulnerable groups. Homosexuals have suffered pressure, discrimination, even persecution from mainstream society since a long time. With the social development and change, gay rights movements and human rights movement gradually receive different levels of development in some countries and regions. The voice of homosexuals fighting for their equal legal status and rights of marriage keeps rising. The legal status of homosexuals in western countries has been greatly improved, and some western countries have formulated laws to protect gay marriage rights and their interests. In China homosexuality has existed as an undisputed fact, however, about gay marriage and the protection of the right, the legislature is still a blank. Therefore, it takes great significance to investigate gay marriage from the juridical point of view. This article is divided into four parts, analysis on gay marriage to enjoy the right to legal, the study of foreign legislation and the improvement of legislation and other aspects of the concept are discussed from the application point of view.The first part proposes the problem. Mainly introduces a number of major judicial cases related to gay and propose the problem on gay marriage right. Meanwhile, it also summarizes and analyzes different academic opinion on gay marriage.The second part analyzes the right of homosexuals to enjoy the legal marriage. From the point of view ranging from rational knowledge about homosexuality, human rights protection, legal, marriage, as well as the need to enact legislation to regulate the system, it discusses legitimacy and legality of gay marriage.Partâ…¢is assessment of abroad gay marriage legislation and. Through the introduction and assessment of gay marriage legislation in Denmark, the Netherlands, Belgium and other countries, it divides the legislative model into cohabiting partner mode, registered partnership model and gay marriage legislation legislative models. I think cohabiting partner model is a more suitable legislation model on China's current national conditions.Partâ…£is a reflection on formulating the law relating to cohabiting homosexuals in China. Through the analysis on current situation of rights and interests of Chinese gay marriage (cohabitation rights and interests) and Chinese realistic situation, the author put forward a concept of forming a cohabitation partner system, making legislative proposals on elements to form cohabiting partnership, the force of law, relation broken and other aspects of with a view to be useful. |
