A name should follow a person for a lifetime. Giving a newborn a meaningful and catchy name is a major task for parents to do for their children. Can the baby's name be chosen at will? The topic of naming in this issue involves the provisions on the right of name in the personality rights section of the Civil Code.
Lv (male) married Zhang (female), and Zhang later gave birth to a daughter. Because the couple both love poetry, poetry, and traditional Chinese culture, they decided to name their daughter "Beiyan Yunyi" and applied for a birth certificate and family planning service manual and "Beiyan Yunyi" in her name. Newborns will be registered for future registration.
When Lu went to the police station where he lived to apply for household registration for his daughter, he was informed by the police that the surname of the person to be registered should follow the father's or mother's surname, that is, "Lv" ” or “Zhang”, otherwise it will not meet the conditions for birth registration.
However, Lu insisted on applying for household registration for his daughter under the name "Beiyan Yunyi". The police station at the place of residence made a decision in accordance with the provisions of Article 22 of the Marriage Law. The decision to refuse household registration.
Because they insisted on naming their daughter "Beiyan Yunyi", the couple later filed an administrative lawsuit with the court in their jurisdiction in the name of their daughter "Beiyan Yunyi". This dispute was also called the “first name rights administrative litigation in the country.”
The dispute in this case is whether Lv and Zhang named their daughter "Beiyan Yunyi" in compliance with the legal provisions of name rights.
The court held that according to the first paragraph of Article 99 of the "General Principles of the People's Republic of China and the Civil Law" and the second paragraph of the "Marriage Law of the People's Republic of China" According to the interpretation of Article 12, naming a daughter "Beiyan Yunyi" does not conform to one of the four circumstances other than the parents' surname. The court made it clear that parents cannot create a new surname at will just based on personal preferences and wishes, otherwise it will cause harm to traditional culture. The impact of ethical concepts is not conducive to the management of social order.
Shi Cuixian, associate professor at the Party School of the Hebei Provincial Party Committee, believes: Article 990 of the "People's Republic of China and the Civil Code" defines personality rights as "Personal rights are the rights to life, body, and health enjoyed by civil subjects. Rights, name rights, title rights, portrait rights, reputation rights, honor rights, privacy rights and other rights "include the rights of civil subjects to their names.
Article 1012 defines that natural persons enjoy the right of name: “Natural persons enjoy the right of name and have the right to decide, use, change or permit others to use their name in accordance with the law. However, it shall not violate public order and good customs." Specifically, it includes the right to decide the name, the right to use the name, and the right to change the name.
Article 132 stipulates: “Civil subjects shall not abuse civil rights to harm national interests, social public interests or the legitimate rights and interests of others.”
< p>"The naming of a newborn by parents is an act of agency for the parents to exercise their parental rights. The naming is an act of the parents exercising their right to decide the name. It complies with the legal provisions of the right to name, but must not violate public order and good customs." Shi The professor introduced that Article 8 of the Civil Code also stipulates public order and good customs: "Civil subjects engaged in civil activities must not violate the law or public order and good customs."
1,001 Article 15 stipulates: “A natural person shall take his father’s or mother’s surname, but if one of the following circumstances occurs, he may choose a surname other than his father’s or mother’s surname: (1) Choose the surname of other direct elder blood relatives; (2) Reasons The surname of the natural person of an ethnic minority can be chosen based on the support of someone other than the legal supporter; (3) There are other legitimate reasons that do not violate public order and good customs.
The surname of a natural person of an ethnic minority can follow the culture of the ethnic minority. Traditions and customs.
"Public order and good customs are the abbreviation of public order and good customs. It is a basic principle of civil law, which means that the behavior of civil subjects should comply with public order and good customs. Order, conform to good customs, and must not violate the country's public order and the general morality of society. "Shi Cuixian believes that from the perspective of social management and development, children inheriting their parents' surnames will help improve the efficiency of social management and facilitate management agencies and other members of society to make preliminary judgments on the main social relationships of the surname users.
If citizens are allowed to choose surnames at will or even create their own surnames, it will have an impact on cultural traditions and ethical concepts, which will not only violate good social customs and general moral requirements, but will also be conducive to maintaining social order and achieving good social control.
In this case, the parents named their daughter "Beiyan Yunyi", which is neither the father's surname nor the mother's surname, nor the surname of other direct elder blood relatives, and there is no other legitimate reason. Just because I like traditional Chinese culture, according to the relevant provisions of the Civil Code, it does not meet the requirements for the exercise of the right to name.
Nowadays, many parents are very careful about naming their children! I always hope not to have the same name as others, so I have many unique names. Recently, Kuang Zongtao, a father born in the 1990s in Pingxiang, Jiangxi, named his newborn son "Kuang Fu Zhengyi". I guess it’s going to be popular!
This nanny said that if the surname is Kuang, no one would know which one is Kuang. This is easier to remember and has no special meaning. "I just hope that the child can do it in the future." An upright man."
In fact, the name matter
It all depends on the mood of the parents at the time
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I want to name the treasure in my belly "Luo Cheng Yipeng"
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For example, those who name their children "Xiong Jia Bao"
A bear’s heart but a leopard’s courage? It sounds very powerful at first sight
When choosing a name
You must consider both yourself and your children
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Still need to be more cautious