Parents Change The Legal Issues Of The Names Of Minor Children

The court for minors to change the name of the judgment,often have different situation.Minor children is one of the most important objects of protection of law and society in our country.The interests of minor children mainly reflected in the personal interests and property interests.The right of name is a kind of personal rights.In the participation of social legal relations,the behavior ability of the minor children is not perfect,and many of their rights and obligations must be exercised with the help of their parents.However,this kind of auxiliary behavior of parents is very easy to transfer the rights of minor children and even turn their children's rights into their own interests.Mainly reflected in the parents to exercise the rights of minor children,rarely seek advice from their children,the independent implementation of appropriate behavior.This is a serious violation of the spirit of the United Nations on the principle of maximum benefit for children.The change of name of minor children in our country is often hindered in practice.In judicial practice,the name of the minor child changes,the court's general practice is that both parents agree.However,this approach is too one-sided,in practice,the legal relationship is complex and changeable.Blindly considering the parental custody of the child and ignoring the power of the source itself is obviously deviated from the original intention of legislation.China's legislation on the right of name is relatively small.Such as subject,name change name change prohibition condition and procedure stipulation,name changes and the applicable principles are not clearly defined.Through case studies,few courts have considered the need to seek advice from minor children.From the legislative point of view,the state protects the interests of minor children,but in practice,the Practicality of the law is not strong.Minor children are able to change the name,and how to change the name,depends entirely on their guardians(parents)of the decision,but not as much as possible to seek the views of children,this legal phenomenon,it is not fair for children.Strictly speaking,the emergence of such judicial status,the main reason is that China's legislation on the right of name has not been able to form a complete system,the specific content is not perfect,legislative skills have yet to be improved.Therefore,it is necessary to further improve the relevant provisions of the right of name.The United States,Britain,Germany,France,Japan and other countries,the legislation on the right to name is relatively perfect.In legislation,the specific provisions of the right to name,the name and the name of the separate legislation,and provides different legal effect and the corresponding legal responsibility.The provisions on the right to name are relatively concentrated,most of the compilation and arrangement in the country's civil code,rather than the name of the relevant provisions of the scattered in the various single law.Regardless of the continental law system or the Anglo American law system,many countries have the right to improve the name of the legislative system,but also introduced the principle of the best interests of children.Grasp the interests of children as a whole.China's legislature has so far not formally introduced the principle,so in the absence of law,parents are likely to go beyond the limits of the right to infringe on the rights of minor children.Especially in the case of parents divorce,it is difficult for both parents to discuss their children to change the name of the problem.Therefore,it is necessary to study the legal issues of changing the names of minor children,and put forward a feasible legislative solution to solve the problem of changing the names of minor children.