On The Public Legal System And Its Perfection Of The Right Of Name In Our Country

The registration of the change of a citizen’s surname and his fate "name" is a manifestation of the exercise of the absolute right to freedom of name.However,at present,there are no single laws and regulations to regulate the right to name,which leads the household registration authorities to regard the normative documents of the public security organs in the urban areas of our province as the normal basis for implementation.Normative documents under the level of legal norms are an important issue in this paper to discuss the limitations of public law regulation.At present,there are relatively few research results on the public law regulation of the right to name in the academic circles.At the same time,the legal provisions of the public law regulation of the right to name in foreign countries such as Japan are more detailed and can be used for reference.Based on the analysis of typical cases such as Beiyan Yunyi case,it is found that the court has changed the legitimacy of the refusal of household registration by the administrative organs into how the principle of public order and good customs restricts self-created surnames in the field of private law.It is also unclear how to regulate the "appropriate" restriction of self-created surnames and third surnames.The public law regulation of Ming "Name" includes two different situations: selecting "Name" and changing "Name".Among them,substantive problems such as applying for renaming due to personal emotional preferences are often regarded as "without sufficient reasons".The choice of names is not entirely free,which is affected by the use of "standard Chinese characters".The frequency of name change is too frequent and is not allowed.Corresponding to the above legal issues,this paper argues that the establishment of a perfect registration regulation of the right to name should start from the following aspects.In order to reduce the abuse of the principle of public order and good customs in judicial adjudication,we should provide solid arguments and sufficient objective considerations in the application of judicial adjudication;for the number of name changes,whether considering the traditional significance of social culture or the values of modern personality rights,we should control the change of names properly and strictly on the basis of combining the reasons for applying for name changes with the reasons for name changes.The number of name changes is limited;on the issue of citizen’s right to freedom of naming and the cost of social management,it is suggested to regulate on the basis of respecting certain individual freedom.