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随着人类社会的愈发进步,同性恋“平权”运动亦在世界各地如火如荼地开展,并在当今社会为部分国家法律所承认与保护。因我国法律对于同性婚姻尚无明确规定导致了每当我国各级法院应对涉外同性婚姻的域外效力时,往往只能以我国法律尚无明确规定抑或援引“公共秩序保留”制度为由不予受理、拒绝承认与执行外国法院已经生效的判决。本文将从同性婚姻的国际发展现状、同性婚姻在中国社会现实中的困境以及涉外同性的法律适用问题进行探究三个方面综合论述笔者关于此现象的观点。
As the progress of human society progresses, the homosexual movement “affirmative action” has also been carried out in different parts of the world in full swing and is now recognized and protected by the laws of some countries in our society. Due to the fact that there is no explicit stipulation in our law for same-sex marriage, whenever the courts at all levels of our country deal with the extraterritorial effects of same-sex marriage involving foreign countries, they often can not be justified by the fact that there is no explicit stipulation in our law or the system of “reservation of public order” Admitted, refusing to recognize and enforce the foreign court has entered into force judgments. This article will comprehensively discuss the author’s viewpoints on this phenomenon from three aspects: the current situation of the international development of same-sex marriage, the predicament of same-sex marriage in the reality of Chinese society and the legal application of the same-sex foreign marriage.