Realistic Confusion
Liu Qiangqiang and Zhang Lili, a young couple born in the 1990s, have given birth to a son. When naming her son, Lili had a sudden idea and wanted to give her son a special name, and she did not want her son to be named "Liu" or "Zhang". She thought that surnames like Liu and Zhang were too common, so she decided to give her son a special name. Nothing new. The young couple thought hard for a long time and finally named their son "Diaodi", with the last name being Diao and the given name being Diao. When registering the birth certificate, the registration staff suggested that they change their child's name, and said that this name would not be registered when it comes time to register for household registration. Is the registrar’s statement correct?
Lawyer’s Q&A
What the registration officer said is correct. As a symbol of a person, a name should comply with public order and good customs. According to the provisions of the "Interpretation of the Standing Committee of the National People's Congress on Paragraph 1 of Article 99 of the General Principles of the People's Republic of China and the Civil Law of the People's Republic of China" and Article 22 of the Marriage Law of the People's Republic of China , citizens enjoy the right to name in accordance with the law. When citizens exercise their right to name, they must also respect social ethics and must not harm the interests of the public. In principle, citizens should take their father's or mother's surname. In one of the following circumstances, you can choose a surname other than your father's surname and mother's surname: first, choose the surname of other direct elder blood relatives; second, choose the surname of the caregiver because you are being raised by someone other than the legal caregiver; third, There are other legitimate reasons that do not violate public order and good morals.
In this case, the young couple Liu Qiangqiang and Zhang Lili did not use their own surnames and named their child "Diao Die". This name obviously violates public order and good customs. (Public order and good customs are the abbreviation for public order and good customs. Public order refers to the general interests of society, including national interests, social and economic order and social public interests. Good customs refers to general moral concepts or good moral customs, including social Public ethics, business ethics and good social customs) Therefore, they should seriously rename their children.
Legal Links
"Article 99 Paragraph 1 of the Standing Committee of the National People's Congress on the "General Principles of the People's Republic of China and Civil Law", "The People's Republic of China" *Interpretation of Article 22 of the Marriage Law of the Republic of China
Citizens enjoy the right to name in accordance with the law. When citizens exercise their right to name, they must also respect social ethics and must not harm the interests of the public.
In principle, citizens should take their father’s or mother’s surname. In one of the following circumstances, you can choose a surname other than the father's surname and the mother's surname: (1) Choose the surname of other direct elder blood relatives; (2) Choose the surname because you are raised by someone other than the legal supporter The surname of the supporter; (3) There are other legitimate reasons that do not violate public order and good customs.
The surnames of ethnic minority citizens can be derived from the cultural traditions and customs of their own ethnic groups.
Collection of legal principles
No civil rights and freedoms are absolute, and the right to name is no exception. The right of name should not hinder the basic social order and management order. For example, it should not violate the Universal Language and Writing Law and choose non-standard language. The right of name should not harm basic social morality, public order and good customs, such as choosing extremely indecent words. Vulgar words, etc.