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The Legal Boundary Of The Exercise Of Name Rights

Posted on:2020-05-17Degree:MasterType:Thesis
Country:ChinaCandidate:J W HuangFull Text:PDF
GTID:2416330572986812Subject:Law
Abstract/Summary:PDF Full Text Request
The right to name is an important right of a natural person,and the exercise of the right to name is an important way to realize the human dignity of a natural person.The case of "Beiyan Yunyi" is a typical case in which citizens exercise the right of name and public administration in recent years.Its essence is the game between private rights and public power.Through the analysis of the case,we found that the focus of the controversy is whether citizens can create a third surname.In order to solve the dispute in this case,it is necessary to trace the source and carry out some combing on the basic theory of the right of name.Theoretically,the creation of the "third surname" is a specific way to exercise the right to decide on the name,and the right to decide on the name is a basic power for the exercise of the right to name.How to exercise the right to make decisions on names is regulated by the current legislation in both public and private law,but there are still problems of fragmentation,fragmentation and lack of clarity,which makes it difficult to determine the legal boundaries within which the right to name is exercised.This has created difficulties for citizens in exercising their right to a name.Therefore,in order to determine the legal boundary of the exercise of the right of name and to clarify the disputes between public power and private rights,we should start from the two fields of public law and private law to analyze the current situation of the regulation of the right of name in their respective fields.In view of the problems existing in the fields of public law and private law concerning the regulation of the right to a name,especially the specific circumstances that lead to the unclear legal boundary for the exercise of the right of a name,and in light of the basic theory of legal principles,the author puts forward the basic principles to be followed in the exercise of the right of a name.And according to the basic principles of the formulation of specific countermeasures for the construction of specific rules to provide valuable reference.
Keywords/Search Tags:right of name, public law, private law, legal boundaries
PDF Full Text Request
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