同性恋问题的法理思考.pdfVIP

A B S T R A C T H om osexuality has been a long-existing accom pan im ent of history around the w orld, how ever, attitudes tow ard th is phenom enon ，relatin g law s and reason s of su ch d iffer betw een C h ina and the w estern countries. H om osexuality w ent through the stages in w h ich it w as no longer view ed as a m oral deficiency, nor a m atter of disease ; and relevant legal system s have progressed along from treating it as a crim e to decrim inalization, and finally positive protection of rights. H om o sexuality as a legal problem is under the inspection of h eatedly debated theories, and determ ined greatly by various social factors ;it is a com p lex and com p licated issue in the field of legal theories and of great realistic im portance. T his thesis is divided into three chapters. T he first chapter is a general introduction of hom osexuality and th e hom osexual p eop le, w ith contents on the defin ition, cau sation , classification and survival status of the hom osexuals. T h is chapter show s the sorting and com parison s of the h istory and legal history of hom osexuality in C h ina and in the W est. It can be concluded that due to the differences in th e evalu ation sy stem and standards, though hom osexuality w as considered indecent in both civilization- traditional ly the C h inese society show ed m uch higher acceptance and therefore m uch less strictly the legal punishm ents. T he second chapter chose three topics out of the m any legal persp ectives on hom osexuality to focus on :n atural law , m orality and politicalization. A nalysis of th is chapter is bu ilt on the bases of general princip les and legal theories，sp ecified theoretical discussion on the specific prob lem , and legal reason ings of representative cases, law s and ju dicial events. H om osexuality has b een proven by m odern science as nature, and under rational m orality it show s no m alice or h