A Study On The Exercise Of The Right Of Name And Its Regulation

Name is the most frequently used tool in daily life and is closely related to life.It generally includes two components: "surname" and "first name".Names can help individuals to be quickly identified in social interactions and are a symbol of individual personality.The right of name refers to the right of a natural person to decide,use,and change an individual's name,and to ask others to respect it.It is a kind of specific personality right.After the "Civil Code" was promulgated,the content system of name rights has undergone new changes.The content of name permission rights has been added based on the three types of name determination rights,name use rights,and name change rights.The existing commercialization of name rights is further clarified in legal form.As a typical area where the civil and administrative affairs intersect,the civil legal relationship and the administrative legal relationship involved in the right of name are often intertwined.Disputes on name rights exist not only between natural persons and administrative agencies,but also between natural persons and natural persons or other legal persons.The legal norms for adjusting the right of name include both public laws such as the Constitution and the Resident Identity Card Law,as well as private laws such as the Civil Code.So far,there is no systematic law in our country that can serve as a powerful guide for natural persons to exercise the right of name.The relevant regulations are scattered in various laws and regulations.Although they are mentioned,they are not detailed,and often only have some principled regulations.This leads to many problems in the exercise of the right of name,such as the choice of a third surname,deliberate conflation,and restrictions on the subject of name change.In order to strengthen name management,local public security organs have formulated a large number of administrative management normative documents.These normative documents have regional differences and lack uniform standards.Public security organs have a large amount of discretionary power in them,which makes natural persons exercise their names.The process of rights will inevitably lead to confusion of unclear boundaries of rights and unclear application of laws.To solve the problems related to the exercise of name rights,we must abandon traditional theories,re-understand the essence of name rights,introduce social governance theory,and further promote the establishment of a service-oriented government.At the same time,it provides support for regulating the exercise of the right to name from the four dimensions of the principle of legal reservation,the principle of administration according to law,the principle of proportionality,and the principle of unification of powers and responsibilities,and the four levels of the constitution,civil law,administrative regulations,and decided cases,emphasizing that the exercise of rights is not only protected,It also needs to be subject to certain restrictions,especially when it violates public interests.In fact,the main purpose of restricting the exercise of the name right of natural persons is to clarify the boundaries of the right operation and prevent some people from abusing their rights,so as to protect the public interest and better protect the exercise of the name right.In view of the complicated situation in the exercise of the right of name in my country,it is particularly necessary to formulate a "Name Law".By learning from the mature legal system outside the territory,clarify the regulatory position of the four sub-rights of the name right,and further Improve the specific rules for the application of name rights in our country in order to form a dynamic balance between individual needs and the order of public law.