Issues On Naming Right

Naming right is an essential content of personality right, which is also a specific embodiment of personality right. However, it hasn’t been taken into account neither in the aspect of the theoretical research nor the practical research for those blank fields of legislation and difficulties of practicing naming right for citizens. Therefore, with the growing awareness of civil right, more and more dissension of naming right has arisen in our daily lives.Unfortunately, those solutions to solve the problem of dissension are hardly achievable during practicing for lack of regulations and material related to naming right in theoretical research. It is because of the blank field in relation to the dispute of naming right that leads to the unequal standards of judgment and no limited boundaries of the discretionary power, which harms the legitimate right of citizens for the dissimilarity verdict in the same kind case. Also because of being lack in universal enactment of naming right, the institutions of Household Registration hold varies standards towards the names that can be registered, which, as the result, contributes to the perplexity of household registration. To solve the conflict in real life, this dissertation analyzes naming right in four aspects. The first part is to state the importance of naming right and the deficient attention paid to it. The second part is to demonstrate the subject of naming right, including the parents and oneself. Above all, contrast to the subject of most general rights being oneself, the subjects of naming right involve not only oneself, but also one’s parents. Besides that, one executing his naming right, actually, is an act similar to alteration, and this judicial change right is an extension of naming right. The third part is to explain the necessaries of establishing the limitation of naming right and from what kind of aspects. The forth part is about the protection of naming right. To begin with, three typical cases of naming right have been particularized. After that, two relief means of naming right invasion have been expounded--civil remedy and administrative remedy.Living in the era that awareness of civil rights has been awaken, much more value should be put on naming right as an important element of civil rights.