| The right attribute of the right of name is dual,which is not only the right of personality in the constitution,but also the specific right in the civil law.But there are differences between the right of name in the Constitution and the right of name in the civil law.This paper discusses the right of name in the constitution.Names and names have different connotations.Names are more representative of family inheritance.Names show individual uniqueness.The right to name is a part of the constitutional right to personality,and its exercise is not without boundaries.Therefore,we need to explore why the right to name should be restricted from the legal point of view.The protection and restriction of the right to name are closely related.The ultimate purpose of restricting the right to name is to realize the protection of the right to name.China’s basic rights protection model is a relative protection model,so the Constitution and common law have made provisions on the right to name,but these Provisions are not specific,especially the restriction of the right to name,that is,the concept of public interest involved in the right to name is vague.The protection of the right to name needs the intervention of public power,but when the intervention exceeds the necessary limit,it will lead to the abuse of public power to public interests,which is essentially a game between public interests and personal interests,but also caused by the ambiguity of the restriction of the right to name.The dilemma of restricting the right to name is the ambiguity of the connotation of public interest,which will lead to the expansion of public interest interpretation by public power organs in practice and infringe upon citizens’ right to name.Therefore,we need to clarify the specific connotation of the public interest involved in the right to name,which is based on the concept of public interest.Public interest includes material and non-material,and has a wide range of connotations.The public interests of surnames include the cultural heritage of surnames,public order and good customs,social management,medical convenience,etc.The public interests of surnames include name culture,public ethics and morality,public order and good customs,etc.Due to the different connotations of names and names,the specific contents of public interests involved are also different,so the degree of restrictions on names and names is different.The restrictions on surnames are more stringent,while the restrictions on names are more relaxed.If the restriction of basic rights is not limited,public power will not be constrained.Therefore,we need to introduce the theory of "restriction of restriction",apply the principle of legal reservation in form,and weigh the relationship between public interests and the right to name through the principle of proportionality in substance.The regulation of the right to name needs to be restricted from three aspects: the restriction of "name" needs more specific legal provisions;the restriction of name is to restrict the name registration of public power organs through judicial review;the restriction of changing name also needs to improve legislation.To regulate the citizen’s right to name and clarify the specific connotation of the public interest involved in the right to name will be conducive to the realization of the right to name in our constitution. |
