Recently, the Supreme People's Court issued theNo. 17 batch of five guiding cases, including four administrative cases and one intellectual property case 1 case, for the reference of people's courts at all levels when trying similar cases. The case of "Beiyan Yi Yun" v. Lixia Branch of Jinan Public Security Bureau Yanshan Police Station was selected.
It is understood that Lv Xiaofeng and Zhang Ruizheng named their newborn daughter "Yi Yun, the Northern Wild Goose". At the time of household registration, Yanshan was sent by Lixia Branch of Jinan Public Security Bureau, Shandong Province, so the child's surname must be based on the father's surname or the mother's surname, and registration was not allowed at that time. Therefore, Lv Xiaofeng and his wife filed a lawsuit in the court, asking for an order to confirm that the defendant Yanshan Police Station refused to use the name of "Northern Rock Yi Yun" in registered permanent residence. The court finally rejected the plaintiff's claim.
The guiding case aims to make it clear that citizens' choice or creation of surnames should conform to China's traditional culture and ethics. Choosing a surname other than father's surname or mother's surname or creating a new surname based on personal preferences and wishes does not belong to the "other legitimate reasons that do not violate public order and good customs" stipulated in the General Principles of the Civil Law and the Judicial Interpretation of the Marriage Law.
The other four guiding cases are Zhang,, and so on. 5. The case of jianyang city People's Government of Sichuan Province infringing on human tricycles's passenger transport management right, Bei Huifeng v. Haining Public Security Bureau Traffic Police Brigade's road traffic management administrative punishment case, Shamingbao and other cases. 5. The case of administrative compensation for forced house demolition by Huashan District People's Government of Maanshan City, and the case of Laizhou Jinhai Seed Industry Co., Ltd. v. Zhangye Fukai Agricultural Science and Technology Co., Ltd. infringing the right to new plant varieties.
Let's respect tradition.