Discussion on the Application of Reservation of Public Order in Foreign-related Same-sex Marriage in China

Abstract

With the development of globalization, Same-sex marriage has become more and more common and has achieved legal effect in some countries. Reservation of public order is generally applicable in dealing with Foreign-related Same-sex marriage. However, the abstract nature of it allows judges to abuse their discretion, and applying it regardless of the situation has also resulted in the difficulty of maintaining the legitimate rights and interests of the parties, and has brought adverse effects to the judgments of Chinese courts in the international arena. Therefore, China should face up to the objective fact of the universalization of Foreign-related Same-sex marriage, deal with Foreign-related Same-sex marriage cases on a case-by-case basis, and prudently apply the reservation of public order, so as to safeguard the personal and property rights and interests of the parties on the basis of preserving the social interests of China.