On The Limitation Of The Right To Decide The Name

The right to determine the name refers to the right to decide the name freely,including the right to choose the surname,determine the first name,change the name,determine the number of characters and characters of the name.As far as the legal attribute of the right of name is concerned,although the right of name is protected as a personality right,in fact,the right of name is a more complex right besides the right of personality,and it is also an economic and social cultural right.As far as the legal function of name right is concerned,the right of name regulates people's behavior of choosing surname,using name and changing name,and safeguarding the personal interests of names.From the social role of name right,name is not only a symbol of individual,but also carries the name culture of the Chinese nation for thousands of years.The right to decide the name involves the public order and the good customs,which is not only the personal right,but also the pure private right.The state will restrict the right of name decision based on the need of maintaining name culture and social management order.In practice,the right to decide the name,especially the right to change the name,is generally restricted.At present,the legal norms of the right to name are not perfect and the practice custom of strictly restricting the right of name change has led to the unreasonable restriction of the right to decide the name in practice.For example,the unreasonable restriction of the local administrative normative documents on the right to decide the name,the application of the judge's judgment is different,and there are many different judgments in the same case.The name change is unreasonable and strict Lattice limit.The name name right registered as a right of privacy is the main reason for the exercise of the right to decide on the right to decide on the right to decide on the right to decide on the right to decide on the name of the name registered residence.The questions are that these perspectives lack consideration of the cultural factors of Chinese names.The name and name culture are closely related,and the legal culture connotation of the name decision power is analyzed,so as to better grasp the reasonable restriction on the right of name decision.Chinese name has been formed and developed in the unique traditional name culture in Chinese society.In contemporary times,the traditional name culture concept is still inheriting and continuing after the concept of inequality is eliminated.Name is not only about personal personality,but also family and social interests.At the level of social governance,the state needs to maintain the strict culture and the social and cultural significance of name culture.Name culture is embodied in an informal system.Based on the consideration of the transformation of traditional social governance structure and the need for modern national governance to inherit name culture,the name culture as an informal system needs to be transformed into a formal system,so as to further clarify the protection of the right to determine the name and limit the right to name decision within a reasonable range.Traditional social governance is a family-based social governance model.Personal behavior is more restricted by family laws and regulations,and personal interests are closely related to family interests.In such a social governance model,traditional names are not only related to individual rights,but also reflect a social power structure.Names are regulated in informal systems such as patriarchal law,family regulations and taboo,forming a name culture interwoven with individual rights and social power structure,and binding on individuals.Unlike traditional society,modern social governance mode is to manage atomic type,point-to-point governance,emphasize that individuals have various rights protected by law since birth,emphasize "no prohibition of law means freedom",and individuals bear corresponding responsibilities independently according to their own rights and abilities.Modern names are only considered and protected as personality rights,only the family interests and national interests of names are ignored,and the cultural significance of names to society is ignored.Because of the actual existence of these interests in the real society,the personal freedom of name right as a right of personality and other conflicts of interest involved in name are inevitable.Therefore,the transformation from traditional social governance structure to modern social governance structure requires the transformation of name culture as informal system into formal system into modern social governance structure.The reasonable restriction of the right to determine names should be based on the principle of one person,the principle of kinship and the principle of good public order and good customs;the surname involves the traditional ethical order,which should be limited by the consideration of traditional cultural factors;the name represents personality,and on the premise of conforming to the public order and name culture,citizens should be given wide freedom to choose and change their names.