Research On The Protection Of The Rights And Interests Of The Bona Fide Party In Fraudulent Gay-straight Marriage

Unlike traditional marriages between heterosexual men and women,the subject of gay-straight marriage is one homosexual and one heterosexual.With formal legitimacy,fraudulent gay-straight marriage is a derivative phenomenon of homosexuality.As the main type of gay-straight marriage,fraudulent gay-straight marriage is based on the sexual orientation fraud perpetrated by a homosexual,which violates the principle of freedom of getting married and leads to serious damage to the legitimate rights and interests of the bona fide heterosexual in the abnormal marriage relationship without sex and love.On the basis of reviewing the current law,this paper comprehensively analyzes several similar judgments,and discusses how to improve the protection system of the rights and interests of the bona fide party in fraudulent gay-straight marriage.The full text is divided into five parts:The first part is the connotation of fraudulent gay-straight marriage and the cause.First of all,this paper defines the concept of gay-straight marriage.A gay-straight marriage is a marriage with only one heterosexual.Secondly,the type division of straight marriage is analyzed.According to the intention of both parties of marriage,gay-straight marriage could be divided into mutual help type and fraudulent type.Fraudulent type is the main form of gay-straight marriage,which attributes to a homosexual who conceals his true sexual orientation explicitly or implicitly and is disguised as a heterosexual.Finally,this paper discusses the causes of fraudulent gay-straight marriage.Fraudulent gay-straight marriage is the result of the "heterosexual love" concept of marriage,the traditional demand for fertility-led,the absence of same-sex marriage legislation and the phenomenon of gay stigma.The second part is the state of the interests of the bona fide party in the fraudulent gay-straight marriage.First,the spouse’s rights and interests of the bona fide party are lost.In the process of the formation and continuation of fraudulent marriage,the free will of uninformed heterosexual to enter into marriage is denied,the obligation of cohabitation cannot be realized,and the duty of faithfulness of spouse is difficult to guarantee.Secondly,the right of life and health of the bona fide party are threatened.In addition to the risk of infection from infectious diseases such as AIDS,the bona fide party also faces the potential threat of domestic violence and mental health problems.Finally,the property rights and interests of bona fide party tend to be infringed.The third part is the theoretical basis for the protection of the rights and interests of the bona fide party in the fraudulent gay-straight marriage.With interdisciplinary research methods,this paper introduces the theory of marriage market failure,the theory of marriage autonomy and state intervention and the theory of cultural citizenship,and provides theoretical support for the protection of the rights and interests of the bona fide party in fraudulent gay-straight marriage from the perspectives of economics,jurisprudence and sociology.The fourth part is the legal dilemma of protecting the rights and interests of the bona fide party in the fraudulent gay-straight marriage.Through the analysis of the system of marriage validity and divorce litigation and the investigation of relevant judicial decisions,legal obstacles are found in the regulation of fraudulent gay-straight marriage,in which the damage to the rights and interests of the bona fide party cannot be effectively remedied.First of all,the system of marriage validity is not applicable,and neither invalid or revocable marriage covers the cases of fraudulent gay-straight marriage.Secondly,there are also obstacles to the divorce.On the one hand,the identification standard of "the relationship has indeed broken down" is too narrow.On the other hand,the secrecy of homosexual acts objectively makes it difficult for the bona fide party to legally prove.In addition,it is difficult to achieve divorce damages for bona fide party.The fifth part is the improvement of the system of protecting the rights and interests of the bona fide parties in fraudulent straight marriage.First,improve the divorce proceedings system.It can be improved from three aspects,that is,broadening the recognition standard of " the relationship has indeed broken down",adjusting the distribution of burden of proof in divorce proceedings,taking care of the bona fide party on the right of children’s custody and the distribution of property.Secondly,fraudulent gay-straight marriage should be included in the system of revocable marriage.The specific system design includes clarifying the establishment requirements of "sexual orientation fraud",appropriately extending the revocation period of the revocation right of the bona fide party,and setting the court as the only revocation organ.Thirdly,the scope of application of divorce damages compensation should be expanded by expanding the interpretation of "cohabitation of the married and others",the coverage of domestic violence should include cold violence and the provision of pocket of divorce damages.Finally,the key to solving the problem of gay-straight marriage is to give homosexuals the freedom of marriage which they long for a long time,to break the gender shackles of marriage,and to promote the legalization of same-sex marriage.