The Research Of Minor Children's Name Right After Divorce

The right of name is an important carrier of personal interest that affect people's free development.The right of the minor children has a profound influence on the children in the growth stage.The protection of the right to the name of a minor child has an important role in the healthy development of children's physical and mental health.China's existing laws and regulations on the rights of the child's name is relatively small and social concern about the rights of the names of minor children is relatively low.With the increase in the number of divorced families,the number of cases of disputes over the rights of the child after the divorce of the parents of minor children increased year by year.There are the same facts in the trial,and the result is different and Scholars have different views on the issue of changing the name of their children after divorce.In 2015,the state judge college changed their children's name dispute case as the only case in the collection.In addition to the introduction and conclusion,this paper is divided into five parts.In the first part,by comparing the two typical cases from the National Judges College to draw up the problem that there are the same facts in the trial but the result is different.Leading to the fact that the same case is different from the result of the referee.Summed up the problem that if parents can unilaterally change their children's name and if parents need to consider the views of their children.In the second part,summarizing and analyzing the basis and content of the rights of the minor children and thinking parents still jointly exercise the right to name a minor child after a divorce.In the third part,through the analysis of foreign legal norms on the right of name,absorbing its essence,to provide reference for our country to improve the legal norms of the right of name.In the fourth part,on the basis of summarizing the development process of our country's name right,the main legal norm of the right of name in our country is analyzed in detail.The fifth part,according to the actual situation of our country,we put forward the judicial suggestion to improve the name right of minor children after parents divorced.The author thinks that parents should adhere to the principle of maximizing the interests of children and respecting their children's opinions when they exercise their children's name right,and the household registration authority shall improve the management of the change of the name of the children,and to make clear that parents still jointly exercise the right to name of minor child after parents divorced and one party shall not change the name of their children without authorization,but when the court order to restore the original family name,they should consider the use of name and other people's understanding of changed names.