China Reflections on Homosexuality Rights and the Legislative Ponder
|Keywords||Homosexuality right movement equal rights and interests legislation|
The homosexuality (homosexuality), refers to the identical sex member has the intense psychology and the sentimental dependence, and develops between the homogeneous sex act. In several thousand year human history, the homosexuality in the different time, the different culture, the different religion, in the different society passed through the complex historical vicissitude. Regardless of being the Western society from the ancient Greece praise to the Christ religious doctrine culture opposition, the Chinese society from the default to ignoring, the homosexuality phenomenon is one kind cannot neglect has the close contacting social performance with the law as well as the culture. After the 20th century, along with the homosexuality movement in Western society Europe society’s growing to ever greater heights, Chinese homosexual’s questions and so on right protection also more and more becomes one kind particularly the social phenomenon which pays attention.The homosexuality rights and interests included the equal employment power, the housing power, to publicize from the military authority (this spot display prominently, the marital power, the right of inheritance, common medical insurance right contents and so on purchase power, request support power in the UK-US society). These rights disperse in social life each stratification plane, legislates the way covers certainly not the easy matter completely. The legal morals principle, law hegemonic as well as and so on can cause the homosexuality rights and interests with the sole morals’ standard appraisal gay nature the extent of protection to be restricted unceasingly. The law is must force to carry out most people’s sense of right or wrong to based on a neutral standpoint, admits the individual freedom peace and so on principle? This question already could not avoid pushing to the onstage.If we defend the homosexuality legitimate rights and interests, guaranteed that the homosexuality community has the equal basic right equally with other mainstream society community, must from default and so on constitution right, human rights, marriage right basic right angles study separately, is actually should under the law the equality be supposed to establish the equal the law; Actually whether should only take the human rights evaluation standard by the mainstream morals viewpoint; Is actually the marriage right’s legal essence anything.Legislates the way safeguard homosexuality community achieves the equalization Protection formality goal. The homosexual are getting more and more along with the society to sociological, the biology and the psychology knowledge promotes with understood that the moral multiplication as well as the social diversification’s development caused the European homosexuality legislation movement oncoming force to be swift and violent, and increased steadily. Inspects these to make the law to come the standard homosexuality the country legal regime, four kinds of fundamental modes may integrate the homosexuality relations legislation the rule: Dispersive legislation pattern; Family partner legislation pattern; Registration partner type legislation pattern; Same-sex marriage legislation pattern. Speaking of the present domestic related homosexuality legislation, the experts thought generally first should strengthen to the homosexual legitimate rights and interests maintenance, but in fact the homosexual still mostly was at“underground”and is neglected desirably the evasion condition, therefore may carry on from four angles to the homosexuality legislation considered: First, is clear about the homosexual to enjoy the personality not to discriminate the power; Second, is clear about the homosexual to enjoy individual right of privacy; Third, is clear limits homosexual’s illegal activity; Fourth, is clear about the same-sex marriage the legal status.