The Legal Protection Of The Right To Name In China

A name is a sign of a person that has the function of distinguishing different natural persons,including the first name and last name.The long-term stable combination of natural persons and names makes names an important symbol of personality,and today's names have a legal and cognitive role.With the improvement of the rule of law society and the development of the socialist market economy,people's awareness of personality independence is constantly adapting to changes in society,becoming stronger and stronger,and the indispensable names in social interaction gradually enter.The vision of popular law and law has made the right to name more and more people's attention,and it is accompanied by various disputes that infringe people's names.In order to comprehensively protect the spiritual interests and property interests of names,some countries have formed a very complete legal protection model.However,China does not fully recognize that the right to name has the property right,and the protection of the spiritual and property interests of the name is too simple.In particular,there are some shortcomings in the legal protection of the property interests of names.In addition,due to civil disputes caused by duplicate names,the use of celebrity names for commercial activities without authorization,and the falsification or misappropriation of names of celebrities for illegal activities occur frequently.Regarding the definition of the concept of name rights,the author agrees with Professor Wang Liming's point of view that the name right is a right for natural persons to set up,use and change their own name,while at the same time requiring other natural persons to respect their own names.The spiritual interests of names and their property interests belong to the categories of personality rights and property rights,and it is not appropriate to protect both interests in the category of personality rights.Their rights and interests are different,so we have to treat them with different protection attitudes.This paper firstly starts from the basic concept of the right of name enjoyed by natural persons.By analyzing the legal characteristics of the right to name and its basic rights and attributes,it gives the legitimacy of the spiritual interests and property interests of the names,and finds suitable by comparing methods.The protection model of China's national conditions.Then the article discusses the subject,content and object of legal protection,to clarify the scope of interests that the law should protect.First of all,through analysis,it is found that the legislation protects the property interests of the name,and the name of the natural person is not fully protected.If the name is used as a trademark,a new rule is set in the judicial practice to put the name right into the trademark.In the prior right of the law,the property interests in the name are protected,which leads to disputes over the nature and protection of the rights and interests of the name and the commoditized rights of the name.This article explores how to protect the natural person's name right from the legislation and find out the current Some limitations and shortcomings in the legislation,combined with the previous discussion in this paper,this article uses the comparative method and empirical analysis method,draws on the legislative protection model of the United States and Germany,and finds a binary separation protection model suitable for China's national conditions,that is,the name Spiritual interests and property interests are protected separately.Secondly,this paper analyzes the status quo of the protection of the spiritual interests of the name by the legislation,and makes a simple study on the choice of the surname and the name change of the insufficient protection.The change of the name is protected by the separation of the surname and the name,and the public order and properness are justified.Reasons to embed the limitation criteria of the choice of surnames,establish a unified name protection system from the choice of legislation,in order to more fully and systematically protect the names of natural persons.