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On the Legislation Issues of Homosexual Marriage

Author: DuanTao
Tutor: ZhangXinMin
School: Southwestern University
Course: Civil and Commercial Law
Keywords: Same-sex marriage Comparative Analysis Legitimacy Legislation Plan
CLC: D923.9
Type: Master's thesis
Year: 2011
Downloads: 695
Quote: 1
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Abstract

Nascent ancient times, and in the advanced civilization of the contemporary phenomenon of homosexuality is an objective existence. Throughout history, due to the impact of a wide range of social ideology and values, social mixed reviews for homosexual phenomenon. Due to the so-called \rights. China has experienced a long history of feudal culture invasion of prostitution, making the Chinese people has thought affected, leading to disguise gay own their sexual orientation and identity, and also led to the rights of homosexuals ought not see to achieve, and ultimately not true happiness. In the face of such a complicated social vision and public opinion should be confirmed and the protection of the rights of gay marriage has been a fierce debate from the community. In the context of such a legislative system to recognize and protect the rights of same-sex marriage, it will lead to many social, legal and other aspects of the problem. This just shows the importance of the recognition and protection of same-sex marriage rights for material civilization and spiritual civilization of a country. From another perspective, same-sex marriage rights recognized and guaranteed, but also demonstrates the degree of humanity of a country's legal system, and the degree of fulfillment of the core concept of people-oriented this harmonious society. This law to establish a recognized and guaranteed the rights of gay marriage is so important. The author believes that recognition of gay legal aspects of identity relations, contract marriage without the legitimacy of its existence. Chinese homosexuals the legal status of the relationship between lack of status quo, because the development of people's thinking and can not be synchronized with the social and cultural development. When people's minds can not adapt to the cultural development, they do not understand, do not agree with, or even the voices of opposition. In the face of homosexuality and same-sex marriage rights a this should belong to the rights of the gay community, it will cause fierce controversy. The best way to resolve this dispute is the adoption of national legislation to implement the protection of homosexuality and gay marriage, give full play to the role of the legal guide for social, education, norms. Only through the legislative activities of the same-sex marriage, to (?) Ought to protect the human rights of homosexuals and their associated rights, so as to achieve social stability and harmonious development. In this paper, the legitimacy of same-sex marriage on same-sex marriage rights on the theoretical significance and practical significance start to pry out the legitimacy of same-sex marriage legislation, as well as how to improve the legislative work, in order to fully protect the rights of gay marriage. By understanding the realities of foreign same-sex marriage legislation and security, thus contributing to China's legislative process, the protection of gay marriage rights in China to achieve same-sex marriage. Based on the above discussion, I want this article to more clearly discussed in same-sex marriage legislation for the importance of the Chinese society, as well as same-sex marriage legislation for the realities of the Chinese reality and legitimacy, in order to achieve the Protection of the Rights and Interests of the homosexuals, to achieve a harmonious society really harmony. This article of six chapters, about 50,009 words. I. Introduction. This part focuses on the topic and its Significance; research status; research ideas and research methods. The paper provides basic background, reference materials and research premise. Second, same-sex marriage legislation related to basic questions. This part is mainly through the legal definition of traditional marriage and same-sex marriage, focusing on same-sex marriage, including the characteristics of the legal implications of same-sex marriage, same-sex marriage, the history of the development of the manifestations of the same-sex marriage, same-sex marriage legislation, the nature of the same-sex marriage legislation, same-sex marriage legislation value positioning. The part of the main role is to play a foreshadowing role through the elaboration of the concept of same-sex marriage for same-sex marriage legislation later elaborated. Third, foreign same-sex marriage Legislation Comparison Between. This part is mainly through the introduction of countries around the world attitude gay marriage relationship as well as specific developments, indicate to the reader to the gay marriage relationship already exists, the fact that enable readers to understand what is the development of same-sex marriage legislation. Different international comparisons of same-sex marriage legislation, and later of same-sex marriage legislation specific measures to provide a basic reference observations. Fourth, same-sex marriage legislation point of view carding and Comments. This part of the social survey data with the community attitudes, opinions and direction from the start to demonstrate the same-sex marriage legislation. Same-sex marriage legislation legitimacy. Same-sex marriage legitimacy of law. This part is mainly through different legal theory perspective, to demonstrate the legitimacy of same-sex marriage. These include: law ethics perspective (specifically, start from the direction of the relationship between law and morality of same-sex marriage legislation feasibility demonstration), the perspective of the philosophy of law (specifically from the \the direction to start to demonstrate the feasibility of same-sex marriage legislation), the cultural perspective of law (specifically, the main Law Culture and the fusion of same-sex marriage from the start to demonstrate the feasibility of same-sex marriage legislation). Of same-sex marriage legislation of the system envisaged. Mode of making international comparisons of same-sex marriage legislation, conceived to fit in our gay to conclude marriage legislation mode. Before broad overview of the specific content of the legislation that is suitable for our gay marriage relationship. This part is a summary of all previous discussion and improvement. The aim is not only legal, correct people for gay misunderstanding, more importantly, gay marriage before 'is the most important. Because marriage is not just about personal happiness, happy to unspecified persons will be involved in same-sex marriage legislation has its legitimacy.

On the Legislation Issues of Homosexual Marriage

Abstract

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