Giving someone another a nickname is a violation of the right to a person s name or the right to rep

Right to reputation. It is understandable to give classmates well-meaning and rewarding nicknames, but giving classmates discriminatory and insulting nicknames is an infringement of citizens' right to reputation.

Strictly speaking, it's not good, as long as it's not a personal attack, it shouldn't be a big problem, what is it called if a person has a flaw, that's definitely not good, that's a personal attack, don't the characters of the Water Margin have nicknames,

If a nickname is given to someone without their consent, it will damage the self-esteem of others, and it will be okay to cause harm to others. Both meanings are both.

No, the infringement of the right to a name and the right to reputation constitutes a crime, which means using someone else's name or a registered name without the person's knowledge. Nicknames can only be said to be unreasonably undesirable and do not constitute a crime.

Legal analysis: If it is insulting to give a nickname to others, it may damage the reputation of others, and others can defend their rights at any time. According to the relevant laws and regulations, not intentionally interfering with the decision, use, or change of one's own name, or misappropriating the name of another person, does not meet the constitutive elements of infringement of the right to a name.

There are four constitutive elements for the infringement of the right to a name: the first is that there is a requirement that there is an infringement to interfere with the decision, use, or misappropriation of another person's name, the second is subjective intent, the third is that the harmful consequences have been caused, and the fourth is that there is a causal relationship between the infringement of the right to a name and the harmful consequences.

Legal basis: Civil Code of the People's Republic of China

Article 1014:The right to a person's name or title must not be infringed upon by any organization or individual by means such as interference, misappropriation, or counterfeiting.

Article 1024:Civil entities enjoy the right to reputation. No organization or individual may infringe upon the right to reputation of others by means such as insult or slander.

Reputation is the social evaluation of the character, prestige, talent, and credit of a civil subject.

1. The Civil Code stipulates that giving others nicknames infringes on personality rights. The infringement of the right to a name is an infringement of a citizen's right to decide, use, or change his or her own name in accordance with the law, and to require others to respect Zheng You's name.

2. Legal basis: Article 990 of the Civil Code of the People's Republic of China.

Personality rights are the rights to life, body, health, name, name, portrait, reputation, honor, privacy and other rights enjoyed by civil subjects. In addition to the personality rights provided for in the preceding paragraph, natural persons enjoy other personality rights and interests based on personal freedom and personal dignity.

2. What are the manifestations of infringement of the right to a name?

If the above circumstances are discovered, the right holder may request that the infringement be stopped, the obstruction removed, the impact eliminated, the apology be made, and the damage compensated.

1. Interfering with others' decisions, uses, or changes of names;

2. Stealing other people's names. Misappropriation of another person's name refers to carrying out certain activities in the name of another person without their consent or authorization, in order to inflate their own value or seek improper benefits;

3. Fraudulent use of other people's names. It refers to the use of another person's name to impersonate another person to carry out activities in order to achieve a certain purpose. Misappropriation mainly refers to the theft of someone's name, not necessarily the person whose name he or she owns.

Theoretically speaking, there is a clear difference between the right to reputation and the right to a name. The right to a name is a citizen's right to decide, use and change his or her name in accordance with the law. The object of the right to name is the name, and the object of the right of reputation is the reputation.

Obviously, a name can be at the disposal of the person who has the right to a name, but reputation is an objective existence and cannot be at the disposal of the person who has the right to reputation. In terms of torts, most of the acts that infringe on the right to reputation take the form of insult and slander, while the acts that infringe on the right to name mainly take the form of interference, fraudulent use, misappropriation, etc. However, in trial practice, some acts that infringe on the right to a name also damage the reputation of others, thus also constituting an infringement of the right to reputation.

This is often manifested in the form of insulting, slandering, framing others or carrying out other illegal activities in the name of others, thereby causing damage to the reputation of others. For example, Zhao was fined for violating traffic rules by riding a motorcycle, and Zhao responded to the police in the name of his colleague Li, and the police sent a notice of violation to Li's unit, and the unit posted it empty, causing Li's reputation to be damaged. In fact, the damage to Li's reputation was the result of the infringement of his right to a name.

An act that simultaneously infringes upon the right to name and the right to reputation constitutes a competing tort, and in terms of civil law protection, it is actually a competing right of claim. According to the theory of competition, the injured party cannot file two simultaneous claims for protection of the right to name and the right to reputation, but should adopt the principle of absorption and claim protection for the infringement of one of the rights. In the author's opinion, the victim has a choice, that is, it is up to the victim to choose which of these rights to request protection.

It is worth noting that some acts have some characteristics of infringement of the right to a name, but are not in essence an infringement of the right to a name. Specifically, if the act is not a misappropriation or fraudulent use of another person's name, but an insulting use of another person's name, it is not an infringement of the right to a name, but an infringement of the right to reputation, such as maliciously calling another person's name the name of an animal, or altering another person's name to fool, ridicule, or insinuate others. In addition, disseminating scandalous things that were not committed by someone to someone is an infringement on someone's reputation, not an infringement on someone's right to a name.

Cases of infringement of the right to reputation are relatively common in judicial practice, and in specific circumstances, the relevant circumstances shall also be lawfully identified and handled before handling, especially where serious criminal facts have been caused, it is also necessary to pursue the criminal responsibility of the relevant personnel, and the parties may make determinations and handle them based on the actual infringement of the right to reputation.

Article 110 of the Civil Code provides that natural persons enjoy the rights to life, body, health, name, portrait, reputation, honor, privacy, and marital autonomy. Legal persons and unincorporated organizations enjoy the right to name, reputation and honor.