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 Do not meet the conditions for birth registration.
However, Lu insisted on applying for household registration for his daughter under the name "Beiyan Yunyi", and the police station at the place of residence made a decision to refuse household registration in accordance with the provisions of Article 22 of the Marriage Law.
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 the right of name.
The court held that according to the interpretation of Article 99, Paragraph 1, 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, The daughter's name "Beiyan Yunyi" does not meet any of the four circumstances other than her parents' surname. The court made it clear that parents cannot create a new surname at will based only on their personal preferences and wishes, otherwise it will have an impact on traditional culture and ethical concepts, and will 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 have the right to name: "Natural persons enjoy the right to name and have the right to decide, use, change or permit others to use their names in accordance with the law, but they must not violate public order and good customs." Specifically. Including 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."
"Parents are newborns Naming is an act of agency for parents to exercise their parental rights, and naming is an act of parents exercising their right to decide on names, which complies with the legal provisions of the right to name, but must not violate public order and good customs." Professor Shi said that Article 8 of the Civil Code also stipulates public order and good customs. : "Civil subjects shall not violate the law or violate public order and good customs when engaging in civil activities."
Article 1015 stipulates: "A natural person shall take his father's or mother's surname, but under 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 elders and blood relatives; (2) Choose the surname of the caregiver because you are being raised by someone other than the legal caregiver; (3) If there is any reason that does not violate public order and good customs Other legitimate reasons.
The surnames of natural persons of ethnic minorities can follow the cultural traditions and customs of their own people.
"Public order and good customs are the abbreviation of public order and good customs, and are civil laws. The basic principle of civil conduct means that the conduct of civil subjects should comply with public 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 at will Surnames or even creating your own surnames 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 detrimental to maintaining social order and achieving healthy social control.
This case. The middle-aged parents named their daughter "Bei Yan Yunyi" neither the father's surname nor the mother's surname, nor the surname of other direct elder blood relatives. There was no other legitimate reason. It was just because they liked Chinese traditional culture. According to the relevant provisions of the Civil Code, it was not allowed to be named. It meets the requirements for the exercise of name rights.
Nowadays, many parents are very careful about naming their children! They always hope not to have the same name as others, so they have many unique names. Kuang Zongtao, a father born in the 1990s in Pingxiang, named his newborn son "Kuang Fu Zhengyi".
This dad said that if his surname was Kuang, no one would know which one he was. , this one is easier to remember and has no special meaning. "I just hope that the child will become an upright person in the future."
Actually, the name matter
It all depends on the mood of the parents at that time
If you don’t believe it, take a look at the following
You can feel it through the screen It’s time to be casual...
Parents want their daughter to have a smooth life
So they named her "Yi Yi"
But it was only after Xiao Yi grew up that she discovered
The adult world is not easy except gaining weight
Everything else is not easy
The father named "Cheng" wants his daughter to be named
Simple yet connotative , concise yet grand
After looking through the dictionary for a long time, I finally named my daughter "Program"
But now everyone calls her Little Ape
p>We know that it is the common wish of every parent to hope that their children will become dragons and their daughters will become phoenixes
So some parents named their children "Duxiu"
We don’t know whether the child is good or not
But the parent who named him is really good
Four-letter names are particularly popular nowadays
My husband's surname is "Luo" and her surname is "Cheng"
I want to name the baby in my belly "Luo Cheng Yipeng"
However, some parents do choose the name Too wild
For example, naming a child "Bear and Leopard"
Bear's heart and leopard's courage? It sounds very powerful at first sight
When it comes to choosing a name
You have to consider both yourself and your children
You should be cautious