Rights, Their Performance And Limitation

The right of name is one of the citizen's important personal rights, belonging to the category of personal rights adjusted by the Civil Law in our country. In recent years, as people pay more attention to the spiritual life, the disputes about the right of name increase day by day, and the case of"Zhao C"is just one example. Because of its importance, many legal scholars have conducted some research and discussion from different angles to the right of name. However, in our country this kinds of research cannot satisfy people's requests to protect the name right. At present, the legislation about the citizen's right of name is simple and scattered. The law case of"Zhao C"has also reflected the collision between the state's public right and the citizen's private right. The state's public right and the citizen's private right are dialectical and united, the performance of the two have their certain boundaries. The performance of the private right should be legitimate; the intervention by the public right in the private right should be justified. In this thesis, the writer discussed the protection of the right of name and the problem of collision between public rights of the state and the citizen's private right through the following questions: whether the citizens have the right to decide their own names, whether the right of name should be restricted, whether the restriction should be limited.