The Research On The Legal Guarantee Of The Right Of Citizen's Personal Name

The right of citizen's personal name is an important aspect of personal rights. Looking at the history of the evolution and transform of the right of citizen's name, from the public law areas gradually turn to private law, from the right of identification to the right of personality, from the assertory right converted into the normative right. With these changes, the right of personal name has expand to the right of use and relief a name from the initial right of acquisition, change a name.At present, the contents of the right of personal names which are under the guarantee of law are mainly three aspects:the right to set a name, the right to use the name, the right to change the name. As the right of personal name is citizen's civil rights, only the law does not prohibit, people can use these three rights as they like, and there is a blank of standard legal regulation to restrain these action. So there are some problems and dispute appeared which was caused by the following situations: various types of characters and symbols appear in the names of our citizens, which brought difficulties to registration; duplicate names; and the commercialization of name, especially well-known people's names be used for commercial purpose. Up to now, our country has no specific laws and regulations to conduct and manage citizens name, and currently there is a lacking of specific substantive and procedural rules for the setting, using, changing of a name. According to the problems and shortcomings of the legal protection of our citizens'name right at this stage, we need reformation and improvement at the following aspects: Firstly, the addition and improvement to the contents of the various powers and functions of the original right of personal names, including detailed rules for citizens to set surname and given name, effectiveness and reasons of name changes etc.; secondly, is to develop "Name Registration Ordinance." For example, the regulation of set family name on the foreign citizen to join the Chinese nationality, and standardization of legislation of set family name for minority ethnic, national Legal Regulation of the right of personal name; thirdly, is to strengthen the measures of protecting and relieving the right of personal names, and put forward the right of personal names should have the following two ways to be protected: one is the claim right of the personality right of personal name; the other is the claim right of infringement of personal name, so as to build a comprehensive protection mechanism for the right of personal name .For the overall maintenance of civil rights and the normal social order, it has become an un avoidable issues for the legislature to improve and refine the legislation of personal name, use the administrative powers to rationally control the freedom of citizens'rights to their names. China's first specific regulation of personal name registration -----"Name Registration Ordinance (draft)" has completed by the Ministry of Public Security, this regulation has been distributed to all the public security across the country for their advanced study and training. The promulgation of the regulations will help standardize the personal name of China and reduce the occurrence of the phenomenon of duplicate names, but some of mandatory contents in this regulation will infringe citizen's basic personal freedoms. Personal name management must be a rational state, that is, under the rationally management of the right of personal name, at the same time respect citizens'individual freedom at the maximum degree.