The Study On The Civil Protection Of The Right Of Name In China

The right of name is the citizen's important personal right. Regarding the citizen's right of name in china, the country has the explicit legal rule. But along with social economic development and cultural progress, as well as people attach importance to the spiritual life, the dispute about the right of name increases day by day, the importance of the right of name also highlights. The law can't adapt the time development, which attend the protection for the reality of personality request presently. The legislation about the citizen's right of name is simple and scattered, and the sphere of learning has obtained a certain achievement, but the study lies much in static state, and less in its dynamic state overall, which is about the realization of right. Therefore, it's an inevitable topic for the legislature who consummate and detail the legislation about the citizen's name. The article reexamines the right of name from the angle of economical and high technical, builds a research platform in the base of the right of name, its development and time characteristic and has a many-sided analysis of the right of name.The article uses three study methods: historical method, comparative law and specific case. From the present situation of the citizen's right of name in china, the article analyses the law nature of the right of name, various contents and its key questions, the civil protection and limitation of the right of name. The article also discusses the characteristic and the tendency about the act of tort in the modern society. The possible suggestions in theoretic of this article lie in: 1.Set up the income power of name based the name utilization in commercial society, and the personal power and the commercial power is corresponding to the new system of the citizen's right of name;2.Set up additional regulations for the original right, such as the detailed rule about the citizen's taking surname, the validity and reason about the right to change name, the procedure of objection and correction about name;3.In order to strengthen the protection and the relief method of the right to name, the article proposes that we should have two methods: the request power and the tort request power, which will help the construct of the perfect system about the protection of right. The practical significance of the article lies in: impel the judicial protection, protect the basic right and strengthens the protection of the citizen's right of name in a greater degree, and stabilize the social order.