On The Naming Right

As a kind of new right type, the naming right is the outcome of the diversification of law lives, and the legislation has been not reflected in time to it currently, on the other hand, overall and thorough study can't been found in specialized theoretical research on it. This paper broke the traditional research way, which had always aimed at individual naming. By analyzing various cases on the naming right in the related references , especially abundant network resources, and carrying through the abstract thinking rule, the naming right was placed in the frame of the main factors of right constitutes, then it was discussed detailedly, including the concept, law composition, characteristics, alteration principles and legal protection of the right by using various research methods such as categorizing, comparing, inducing etc. Finally the legal explanation on the right of title sponsorship is presented, and on this foundation the concrete legislative suggestion and legal relieving measures are put forward. Firstly, it clarified the meaning of naming right, considering the right as a kind of civil rights to other's thing. The object of this right is the naming, rather than the thing, so it differs from real rights and so on, for the latter's exploitation according to the nature and uses of the thing. The subject of this right is the sponsor or others,who can be a natural person, a legal person or other organization,rather than the owner of the thing ,and object of this right is the naming, rather than the name , so it differ from name right. Secondly, analyzed the nature of naming right. As a kind of personality right, this right is similar to name right on the basic property, but implies more factors of the property right. Particularly, the naming right acquired by trade can be said to be a kind of a kind of commercialized property right. The naming right is a kind of absolute right, which can resist all the unlawful interferences or violation from others including the owner , but according to the contract, the realization of the right still needs to acquire the cooperation of the owner to some extent. Thirdly,carried on some classifications to naming right. The category of naming right is numerous, and can be classified according to different standards. The demarcation of the right is advantageous for people to carry on more meticulous and overall understanding, research and operation to it . Fourthly, elaborated main contents of naming right. On the one hand, the contents of the right includes aggressive aspect, such as the using, maintaining, changing, transfer, impawn of the right, on the other hand, includes negative aspect, such as not being subjected to the illegal deprival, hinder, injure ,etc. Fifthly, analyzed its existent situation and changes, including occurrence, alteration and termination. There are mainly two kinds of reasons that lead to the right's occurrence: one is acquired in light of commodity to be traded, another is donated by the owner or others who administer the thing. Sixthly, discussed some basic principles that should be followed in the course of change and exertion of the naming right, including the material principles and the formal principles. Seventhly, put forward with some concrete legislative suggestions, including the general rules and the concrete provisions, then brought forward with some legal relieving measures to the naming right.