同性伴侣关系法律认可的法经济学分析

Law of Economic Analysis of Civil Partnership Legal Recognition

同性伴侣关系法律认可的法经济学分析表明,同性伴侣关系法律认可利弊共存。通过同性伴侣关系法律认可,同性伴侣个人、相关家庭及社会均能够从中获益,如提升同性伴侣的自尊,减少疾病与歧视,降低交易成本、社会控制成本和政治宣传成本等。但各利益主体在获取上述收益的同时,也会支付相应的成本,如同性伴侣个人的出柜成本、不能生育的成本,家庭所承受的舆论压力成本及家庭保障功能弱化成本,婚姻概念传统信息转换成本和赞同标志成本等。因此,从法经济学的角度权衡同性伴侣关系法律认可的利弊得失,有利于立法者在同性伴侣关系法律认可与否以及认可模式和时机上做出正确的抉择。

Law of economic analysis of civil partnership legal recognition shows that costs and benefits co-exist for civil partnership legal recognition. On one hand, a legally recognized civil partnership relationship might bring about benefits for civil partners and their families involved and welfare gain for the society as a whole, such as promoting of self-esteem and happiness, experiencing incentives to form a long-term union, reducing social stigmatization of homosexuality and transaction costs and the spread of venereal diseases, and enhancing the stability of unions and stability of society. On the other hand, all the parties as mentioned above might endure costs such as tradition and informational costs, over-signaling cost, negative externalities and publicity cost. Hence, law of economic analysis of civil partnership legal recognition helps us get more profound understanding of the difficulties and possibilities as well as the approaches and time of civil partnership legal recognition.