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Research On The Legalization Of Same-sex Marriage In My Country

Posted on:2019-04-22Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhangFull Text:PDF
GTID:2436330545970525Subject:Law
Abstract/Summary:PDF Full Text Request
Since 1989,Denmark had passed legislation recognizing same-sex union,the legalization campaign for same-sex marriage has been going on throughout the world.At present,there are 27 countries and regions in the world had recognized the same-sex marriage through legislation.The issue of the legalization of same-sex marriage has caused hot debate around the world.The emergence of the first case of same-sex marriage rights protection in China in 2015 has aroused the attention of the society.Whether same-sex marriage can be legalized or not and how legalization becomes the focus of controversy.The supporters of legalization of same-sex marriage use the concept of free and equal human rights as the legal basis for argumentation,while opponents have denied the legalization of same-sex marriage based on the functions of ethics and traditional marriage.Although homosexual groups have put forward their demands for equal rights to marriage and the academic community has not paused to discuss the legalization of same-sex marriages,at present our country’s laws are still blank on the issue of same-sex marriage.The lack of legislation has resulted in the absence of rights and interests of gay and lesbian groups and has triggered a series of legal and social issues.Based on these issues,this paper,based on the demonstrating the theoretical basis to explore the reality of the legalization of same-sex marriage in China.In the first part of this paper,case analysis method is used to select real cases related to homosexual groups,summarized,compared and analyzed.It is pointed out that our society should face the problem of homosexuality.The second part sorts out the different views of the academic community on the legalization of homosexual marriage,and argues on different points of view both theoretically and practically to explore the legitimacy of legalization of homosexual marriage in China.The third part discusses the necessity and feasibility of the legalization of homosexual marriage in China based on the analysis of the first two parts.The fourth part selects typical countries to conduct comparative research on different legislative models,summarizing the common laws of legalization of homosexual marriage in all countries and the social factors to be considered in homosexual marriage legislation,and seeks lessons that can be learned from the legislation of homosexual marriage,providing legislation for homosexual marriage in China.
Keywords/Search Tags:same-sex marriage, legalization, legislative model, institution choice
PDF Full Text Request
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