The Legal Recognition of Same-sex Couples' Status in China

Yutung Teng

doi:10.62051/zt820z25

Authors

Yutung Teng

DOI:

https://doi.org/10.62051/zt820z25

Keywords:

Same-sex couples; Spousal status; The right of spouse; Legal determination.

Abstract

The legal identification of same-sex couples refers to whether the law recognizes the legal spouse status of same-sex couples, and whether it can effectively protect the personal and property rights and interests of same-sex couples. The legal recognition of the identity of same-sex couples is an important prerequisite for protecting the rights and interests of same-sex couples. At present, the legislation on the identity of same-sex couples in our country is in a vacuum, and the attitude towards the identification of the legal spouse of same-sex couples is vague, so it is difficult to effectively respond to their rights needs in law. Combining judicial cases, existing laws and regulations, and social news, this paper reveals the rights needs and practical dilemmas of same-sex couples in China, including: the difficulty for same-sex couples to apply the provisions of de facto marriage, the dilemma of protecting spouses' personal rights and property rights, the conflict of rights in "formal marriage", etc. On this basis, this paper conducts a comparative study on the legal recognition experience of same-sex couples in various countries, attempts to present the legal recognition system of same-sex couples in various countries, and summarizes the two approaches to the identification of same-sex couples in the form of marriage incorporation and non-marriage exclusive, as well as the two legislative approaches of law revision and special law, in order to provide references for the current relevant judicial decisions and future relevant legislation.

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