Deconstructing China's family law for LGBTQ non-traditional families through a comparative lens of sexuality
The dissertation aims to identify the reasons behind the ambiguous legal environment regarding LGBT people’s rights in the family and to predict the future of LGBT non-traditional families by deconstructing China’s family law and exploring family regulations in China. Due to the ambiguity of China’s law regarding LGBT non-traditional families, the dissertation adopts the methods of historical study and comparative study to navigate the study within this grey environment. The first chapter aims to provide a historical background of the comparative work and understanding of sexuality in contemporary China, and to rebut the assumption of history as a rationale for the suppression of same-sex relationships. To establish a theoretical foundation and comparative framework for the study, the second chapter illustrates the legal development of LGBT people’s family rights in the U.S., aiming to explore possible solutions and problems in the legal frameworks for protecting LGBT people’s rights within families. The third chapter lays the foundation for understanding LGBT non-traditional families in China and investigates the legal environment of same-sex relationships by examining how marriage is socially and legally privileged in China. Chapter Four helps understand the goal of family regulation and the future of LGBT non-traditional families by exploring the extent of public intrusion into individuals’ private lives. Chapter Five studies how family law cases involving same-sex relationships and LGBT non-traditional families are heard in courtrooms through case studies. Chapter Six provides several perspectives on the future of China’s family law to meet the needs of modernization.
Family law, LGBTQ rights, same-sex relationships, Civil Rights and Discrimination, Law, Legal Studies, Sexuality and the Law
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