On The Limitation Of The Name Right Of Household Registration Management

Name is closely related with personal life,the use of high frequency of the logo,characterizes the identity and rights of the individual,is an important social interaction tool.The right of the right is the personality right of the citizen.The right of personality is the basic right established by the constitution of our country and the dignity of the human being.In our country,the public security department is responsible for household registration management,name registration and change is an important part of household registration management work,citizens need to go to the residence of the public security departments.Therefore,the citizens of the name of the right,especially the name of the decision and the right to change the right to exercise,and the public security organs are closely linked.With the development of social economy and progress,citizens pay more and more attention to the name of the right,and household registration management in the name of the rights of the dispute is more and more,first,the surname of the transmission is not uniform,the second is the name of the selection of specific The contradiction highlights the importance of the right to name.The right of the name is the basic right of the citizen,its exercise should be subject to certain restrictions,can not be arbitrary,but the restrictions on the basic rights should abide by certain principles,according to these principles to develop some specific rules to prevent the household registration authority on the name rights over limit.This article from the "North Yan Yun" case and "Zhao C" case talked about,through the case of the controversial focus of the legal analysis and discussion,the general name of the right theory,analysis of the name of the household registration management system and the basic rights of the principle of restrictions,And finally establish the household registration authority on the name of the right to restrict the specific rules.China has no "name law",the name of the right of the norms are more fragmented and simple,the lack of institutional provisions of the special.In the theoretical research,the legal theory of China's focus on the general personality rights,the right to the right and other specific personality rights,narrative is not much,the name of the right and the administrative power of the conflict involves less.At present,the status quo of the legislation of the name of our country,the Standing Committee of the National People's Congress to develop "name law" conditions are not yet mature,and departmental rules and should not be a judicial basis,such as in Zhao C case,one of the focus of controversy is " Registration regulations(draft)" can be used as a legal basis.Article 110 of the General Principles of Civil Law only stipulates that natural persons enjoy the right of title,but do not stipulate the specific content,and even the right of decision,use and change of name stipulated in Article 99 of the General Principles of Civil Law is not mentioned.Comprehensive law,I believe that in the "Civil Law",should be set the personality of the right,and the name of the right into it,will be scattered in the "General Principles of Civil Law",the NPC Standing Committee on the name of the legislative interpretation,"Adoption Law",The "Marriage Law","Resident Identity Law","Registration Ordinance" and other laws on the name of the right,as well as the Ministry of Public Security "name registration regulations(draft)" and comments,to be unified and perfect,make up the name legislation Whitespace.This article is mainly composed of five parts: the first part,introduced the "North Yan Yun" case and "Zhao C" case of the brief case,respectively,summed up the controversy in the two cases,namely,"North Yan Yun" case on " " And " other justification "," Zhao C " case of " digital symbols "," public interest " understanding,and then combined with civil law,administrative law and other theories of the focus of the dispute on the legal analysis.The second part First of all,respectively,introduced the name and name of the basic concepts and significance,to distinguish between "surname" and "name" of the different functions,its restrictions should also be differentiated.Secondly,it analyzes the history of the name right system,clarifies the concept,the characteristic and the content of the name right.At last,it analyzes the controversy about the attribute attribute of the right name,expounds the background and the basis of the various views,and makes clear the right and the basic right and the civil right Double attribute.The third part analyzes the problems existing in the restriction of the name right of the household registration management,first introduces the restriction right of the name decision right and the name change right,and then puts forward the existing problems in the restriction system.The fourth part mainly expounds the general principles that must be followed in order to restrict the name right,including the principle of legal reservation,the principle of public interest and the principle of proportion.In the fifth part,on the basis of the general principle of the fourth part,it analyzes the specific rules that the household registration authority should follow to the name right restriction,which mainly includes the restriction rule of the name decision right and the change of the name.