A Study On Protection Of Same-sex Couples' Rights In China

With the non pathological demonstration of the same sex groups and the international community's attention to human rights,Same-sex couples' demands for protecting their legitimate rights become intensified.Up to now,a total of twenty-one countries in the world have successfully achieved the same kind of legalization in different modes.The current law of China don't recognize the same-sex couples so that their rights and interests have been unpractical.Although the legalization of same-sex marriage in our country can be avoided on the grounds that the time is not yet,the protection of the specific rights and interests of the partner must be solved.The rights and interests of same-sex couples refer to the rights and interests that should be enjoyed by both sides of the same sex in pursuit of long-term stable living conditions from the perspective of human rights.The legislation protection of same-sex couples rights is blank in China at present,the limited protection for same-sex couples in our country is based on their general civil subject identity.The relationship and identity that same-sex couples living together has not been taken seriously,so there are great deficiencies in the protection of same-sex couples in china.The marriage of convenience,the spread of AIDS,the increase of crime and a series of problems urged us to respond to the protection of the rights of same-sex couples.And as the objective existence of society,same-sex couples have their profound social roots.The legal basis of freedom and equality also requires their legitimate rights and interests to be protected by law.Through investigating the four modes of protecting same-sex couples' rights in extraterritorial major countries,including the model of same-sex marriage represented by Holland,the civil partnership model represented by the United Kingdom,the civil contract model represented by France and the fact relation model represented by Australia.And analyzing the main content of the protection of same-sex couples in different modes in different countries,including personal rights and property rights.We can see that all countries have adopted the mode suited to their national conditions to protect same-sex couples' rights and interests,and the legislative road is tortuous and controversial.So we can learn from the experience of foreign countries,combined with the legislation of scholars in our country,start from the short-term goal of law interpretation and the long-term goal of legislation,explain the existing laws to protect the rights and interests of same-sex couples,and design "civil companion lawr" which is suitable for same-sex couples in China,consider the characteristics of same-sex couples in the design of property relations.