Today’s young people are full of innovative spirit and have the courage to challenge the surname culture that has been passed down for thousands of years. Their spirit is commendable. Speaking of this topic, we cannot avoid a little girl named "Beiyan Yunyi" in Jinan. Because of this name, legal experts from the National People's Congress issued a legislative interpretation of surnames. It's awesome! 1. The case of the surname "Beiyan Yunyi"
In 2009, Mr. Lu, a citizen of Jinan, gave his daughter a poetic name - Beiyan Yunyi. When applying for household registration, the local Yanshan police station refused because the name "Bei Yan Yunyi" did not meet the requirements for household registration. This was because Mr. Lu, his wife and their elders did not have the surname "Bei" or "Bei Yan". ", and no one has the surname "Bei Yanyun".
Mr. Lu was dissatisfied. He believed that Article 22 of the Marriage Law "children can take the father's surname or the mother's surname", but there is no prohibition on citizens naming their children in addition to the father's surname and the mother's surname. Select a last name. For this reason, Mr. Lu filed an administrative lawsuit with the Lixia District People's Court of Jinan City on December 17, 2009 in the name of his ward "Beiyan Yunyi", which became the first administrative lawsuit over name rights in the country.
For this case, the local court also had difficulty, not knowing how to apply the legal provisions. After the case is suspended, the court shall submit it to the competent authority (National People's Congress) for explanation or confirmation. The case was not resumed until November 1, 2014, when the Standing Committee of the National People's Congress passed a legislative interpretation.
The People's Court of Lixia District, Jinan City held that this provision sets out two necessary conditions for choosing a surname other than the parents' surname: first, it does not violate public order and good customs, and second, there are other legitimate reason. The reason why the parents of the plaintiff "Beiyan Yunyi" created "Beiyan" as their own surname and chose "Beiyan Yunyi" as the name to register their daughter's household registration was because "my daughter's name is "Beiyan Yunyi", which is taken from Four famous Chinese classical poems imply parents’ best wishes for their daughters.” This reason for creating a surname based solely on personal preferences and wishes is obviously arbitrary, and will have an impact on cultural traditions and ethical concepts. It goes against good social customs and general moral requirements, and is not conducive to maintaining social order and achieving good social control. . Accordingly, the court rejected the plaintiff "Beiyan Yunyi"'s request for household registration. 2. Legislative interpretation: Children should bear the father’s or mother’s surname, with three exceptions
According to the legislation passed at the 11th meeting of the Standing Committee of the 12th National People’s Congress on November 1, 2014 Explain that if a citizen has any of the following circumstances, he or she may 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 of the caregiver because he is raised by someone other than the legal guardian; (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. 3. Related cases: "Zhao C" Internet celebrity name has become history
Zhao C, a resident of Yuehu District, Yingtan City, Jiangxi Province, was born in 1986. The Yuehu Branch of the Yingtan City Public Security Bureau refused to change his "second-generation ID card" because "C" was a foreign character. To change his "second-generation ID card," he had to change his Chinese-English name. For the right to his name, Zhao C took the Yuehu Branch of the Yingtan City Public Security Bureau to court. This case was called by the media as “the first case in the country to defend the right to name through litigation.” The court's first-instance judgment ordered Yuehu Branch to allow Zhao C to apply for a second-generation ID card under the name "Zhao C". After the verdict, the Yuehu Branch appealed. During the second instance, the two parties negotiated and reached a settlement, and Zhao C changed his name. 4. Related cases: Using uncommon characters in your name makes it difficult to get things done!
Because the fortune teller gave himself a name containing the word "shift" (pronunciation: yí is the same as "shift"), Ms. Li, who is in her 40s in Shenyang, suffered a lot when doing things. In the past, it was not a big problem to go to school, apply for household registration, and apply for certificates by hand. But now it is troublesome to use a computer for all procedures. The computer cannot type this word. Even the second-generation ID card was spliced ??by the police with care. I have finally saved up money to buy a house, but because of the unfamiliar word "shift" in my name, I can only delay getting the housing permit... Conclusion:
Because of "Beiyan" Yunyi" case, the dispute over the surname was resolved. The controversy over how to choose a "name" continues, and we look forward to the implementation of the "Name Registration Ordinance". If you have found any more alternative names in your life, please share them!