The Legal Protection Of Gay Men’s Wives’Marriage And Family Rights In China

As the spouses of homosexuals in China, gay men’s wives capture rarely attention, they have to take the awkward position in the society, and their rights can not be protected by the law directly and explicitly. Homosexuality now appears to be spilling into public view and has received a lot of publicity, the spouses of homosexuals supervenes under the influence of the culture and the traditional moral factors as the same time."Gays’ wives" is the special name of male homosexuals’ spouses, this is the new, and this word performs in the network and literature platform frequently in these two years. Under the circumstances of infringement on the right, their pain is not only from the limited to the ethical and moral level, but also the reality that their legal claims could not be achieved. The research of the homosexuals’ protection has been enriched and developed in our country, but there is no more information can illustrate the gay men’s wives’ difficult situation in the law. So, the theory and the legislation can not give workarounds for their legal problems. More and more Gays’ wives’ problems need to get the attention seriously. This article chooses this subject to solve the gay men’s wives’ serious social and legal issues in China, and provide a reasonable and constructive solution mechanism. On account of the law of our country has not clearly defined the gay men’s wives’ issue, gay men’s wives may realize dissolution of marriage in legal practice, but they can not get the economic compensation without any legislative authority. They are facing the difficulties of proof when they choose to engage in a lawsuit, as well as suffering from social pressure. Combined with the above problems, providing a framework, practice base and theory base for the maintenance of gay men’s wives’ rights in marriage and the family, with the theoretical research and practical analysis, is decisive importance for gay men’s wives’ marriage and family rights protection, and this is the core content of this thesis.This paper considers, the causes of gay men’s wives has great value to discuss, because being aware of the courses is the first big step to the solution of defending gay men’s wives’ rights. Emphasis on protecting the rights of gays’ wives in marriage and family is very necessary. The main idea in this paper is, summaries the causes of recognizing homosexual men’s spouses; combine homosexual men’s spouses’ problems from society, from themselves and from the legal dilemma; draw lessons from the foreign countries about gay marriage and social culture, to clarify if same-sex marriage legally recognized, to a certain extent, will played a very positive role on gays’ wives’ rights protection. And based on the discussion above, the final solution is, paying attention to the theoretical research of the related problems, embodying the details of the gays’ wives’ legal rights in marriage and family, giving gays’ wives public opinion support. Hope this can become the most ideal way for realizing the protection of gay men’s wives’ marriage and family rights.