Research On Legal Restriction Of Right Of Name Decision

At present,there are a lot of confusion and disputes about names in the society,the case of Beiyan yunyi and the case of Zhao C are the most typical and influential.In the case of Beiyan yunyi,the two parties had a fierce argument about whether the children could have a surname like "Beiyan" that is different from their parents' surnames.In the end,the court rejected the plaintiff's claim that based on the legislative interpretation,didn't support this surname.In the case of Zhao C,the focus of controversy is whether the name violates the provisions of the first item of article 4 of the law of resident identity card.The case was eventually settled after a second trial,and Zhao C,the plaintiff,agreed to change his first name to standard Chinese characters.Actually,the two cases point to the same right of citizens--the right of name decision.The right of name decision is the right of a person decides his or her own name.According to the personality right attribute of the name right,the right of name decision has three characteristics:specificity,monopoly and absoluteness.According to the characteristics of the composition of the name,the right of name decision is divided into the right of surname decision and the right of first name decision.the name right which includs the right of name decision in China has a process of emergence,establishment and development.From the two cases involving the right of name decision,it is not difficult to see that there is a big conflict between the value of freedom and the value of order in the field of the right of name decision,the law isn'n put restriction in place,and there are many problems in the system of it.First,the legal interpretation is vague and lacking.The third item of the second article of the legislative interpretation,"there are other legitimate reasons that do not violate public order and good customs",is not clear and specific.Lacking of interpretation of relevant provisions of the law of resident identity card.Second,lacking of systematicness.these mainly reflected in that the internal level is chaotic,lack of unity norms.Third,there are too few concrete provisions in the field of the right of name decision.In view of the above problems,the conflict between the freedom and the order values can be alleviated obviousiy through making scientific and reasonable institutional arrangements and the specific improvement measures.Specifically,first of all,Establishing the principle of legal restriction,including the principle of legal reservation and the principle of moderation.Second,making the legal interpretation explicit.Re-interpretation of the legislative interpretation,confirm several situations these children's surname can't be different from their parents' surnames;The "standard Chinese characters" and "number symbols" in the first item of article 4 of the law of resident identity card are interpreted,the first name is only used standard simplified Chinese characters.Third,making norms of the right of name decision systematic.Including making the relationship between the legal documents of different levels more harmonious and making a "name right law" by integrating existing legal provisions and interpretation.Finally,specifying the system contents,.It includes stipulating the quantity and range of words used in names,prohibiting malicious renaming with others and excessive random naming.