Research On The Exercise Of The Right To Name In The Civil Code

The chapter of ‘Right to Name and Right to Name’ in the Personality Rights of the current ‘Civil Code’ from Articles 1012 to 1017（a total of 6 articles）constructs the normative system for the right to name in the context of socialist Chinese law.Among them,there are not only the inheritance of civil law norms in the ancient code era,but also the innovation in the social environment of the new era.The exercise of the right of name is one of the subjects that worthy of study.In practice,whether it is the problems reflected in the individual typical cases of exercise of the right to name such as “Beiyan Yunyi Case” and “ Zhao C Case”,or the "different judgments in similar cases" involving the reasons for name change,the number of changes,etc.it is ultimately the gap between the existing norms of exercise of the right to name and the practical issues.Therefore,it is necessary to make a systematic interpretation of the application of the norms of the exercise of the right to name in the Civil Code,and build a bridge between reality and theory.As we all know,the right to name is a unique personality right of natural persons.However,there are differences in age and intelligence level among individuals,and differences in rights and behaviors in law.Therefore,the norms of the right to name for different categories of natural persons will obviously be different.According to the provisions of the General Provisions of the Civil Code,this paper divides natural persons into person with completely civil capacity,the person with limited civil capacity,and the person without civil capacityand based on judicial practice—through the categorization of cases,the problems encountered by different types of natural persons in the disputes of the application of the norms of the right to name are found out from specific cases,and the tension between the existing norms and practical problems of the exercise of the right of name is further analyzed.Finally,through the systematic interpretation of the current norms of the exercise of the right to name in the Civil Code,the gap between judicial practice and the existing norms is narrowed,which is beneficial to the specific application of the norms of the exercise of the right to name in the Civil Code.Overall,the article is divided into three chapters :The first chapter mainly sorts out the disputes related to the exercise of the right to name in reality,categorizes and summarizes the reasons and times of name change,the use of the same name,atypical use and commercial use of persons with complete civil capacity.Restrictions on capacity for civil conduct after divorce unilateral change of children ’ s name and name change.There are questions about whether it is valid to unilaterally change the name of a child after a couple divorces and whether they can apply for a name change by themselves;a person without capacity for civil conduct has the issue of parents competing for the right to bear the surname,the scope of the surname,and the validity of unilaterally changing the name of the child after the couple divorces.The second chapter mainly analyzes the existing norms for the exercise of the right to name,and compares them with the problems in practice,and analyzes the tension between the two,which indirectly indicates the crux and causes of practical disputes.The third chapter makes a systematic interpretation of the norms of the exercise of the right to name in the Civil Code,with the guidance of the logical framework of the person with complete civil capacity,the person with limited civil capacity and the person without civil capacity,supplemented by "laws","public order and good customs"" The three normative elements of "Good Family Tradition",miniaturizes the normative system of the exercise of the right to name from three different levels,and clarifies the main points of attention in the application of different systems,and finally forms a benign guidance for the judicial application of the exercise of the right to name.