What do you think about the father naming his daughter Beiyan Yunyi, which leads to the inability to

Legally speaking, citizens have the right to a name, that is, they can decide their own name. In infancy, this right is exercised on behalf of a guardian, and there is no problem. Although no rights are unlimited.

But the boundary of the right to a name is in **? However, there is no clear statement on legal theory and judicial practice. For this reason, there are also some more typical cases, such as the Zhao C name right case Encyclopedia (the facts of this case are at the bottom of this answer).

Two months ago, the Standing Committee of the National People's Congress (NPC) resolved this issue, namely the "Draft Interpretation of Article 99, Paragraph 1 of the General Principles of the Civil Law and Article 22 of the Marriage Law." Although this draft has not yet officially taken effect, according to China's legislative practice, since it is issued under the name of "draft", this thing is finalized. In this final draft, the National People's Congress made it clear:

Citizens enjoy the right to a name in accordance with the law, but in principle, citizens should take their father's or mother's surname. The draft also stipulates that citizens exercising the right to a name shall also respect social morality and shall not harm the public interest. There are only three cases in which it is permissible to choose a surname in addition to the paternal or maternal surname:

1) Select the surnames of other lineal elders' blood relatives; (2) The surname of the person who chooses the person who is supported by a person other than the legal person who is the person who is the person who supports them; (3) There are other legitimate reasons. In addition, citizens of ethnic minorities may choose their surnames according to their own cultural traditions and customs. The Standing Committee of the National People's Congress (NPC) has interpreted this provision as follows:

Surnames embody blood inheritance, ethical order and cultural traditions, and citizens' choice of surnames involves public order and good customs. First, surname culture is an important part of traditional Chinese culture and occupies an important position in the history of China's continuous civilization for more than 5,000 years. Citizens taking their father's or mother's surname are an important embodiment of China's surname culture and should be well inherited.

Second, for a considerable period of time in the evolution of Chinese surname culture, the "surname" in "name" also has the function of "other marriage", which is a sign of blood relationship. Citizens taking their father's or mother's surname have a deep ethical foundation in our country, and society generally follows them. Thirdly, many countries around the world have adopted legislation to clarify that children should take their father's or mother's surname.

Based on the above, through legal interpretation, it is clarified that citizens should take their parents' surnames in principle, which is in line with traditional Chinese culture and ethics, and in line with the wishes and actual practices of the vast majority of citizens. ”<

The law stipulates that in fact, it is not impossible not to follow my parents, so I will not follow my parents' surname. This process is simply that my grandfather died in the war of resistance, leaving only one daughter. After my grandmother remarried, she had two sons, my uncle and my father.

According to local customs, the uncle's family cannot be extinguished, and a past must be passed. My uncle only gave birth to a boy, and eventually I had to change my grandfather's surname. At that time, the law was not allowed, I was still in kindergarten when I changed my name, and finally the report was approved by the National People's Congress, and the Public Security Bureau let the change, at that time in 1986, it seems that it was not the National People's Congress.

In the end, my name is my grandfather's surname + my own original name, the advantage is that my name is not the same name in the country, and there will be no duplicate name in the back of the company's email, and there will be a double name at the back of the number difference, The disadvantage is that because when I was a child, the parents' signatures on the exam papers were different from my surname, and the teacher always thought that I was divorced and reorganized the family, and I basically did not call the parents <> if I did bad things

Supreme People's Law.

The People's Court recently released the 17th batch of a total of 5 Guiding Cases, including 4 administrative cases and 1 intellectual property case, for reference by the people's courts at all levels when adjudicating similar cases. "Beiyan Yunyi" v. Yanshan Police Station, Lixia District Bureau of Jinan Municipal Public Security Bureau, Public Security Administrative Registration Case" was selected among them.

It is understood that Lu Xiaofeng and Zhang Ruizheng named their newborn daughter "Beiyan Yunyi", and when they went through the household registration, the Yanshan Police Station of the Lixia District Bureau of the Jinan City Public Security Bureau in Shandong Province refused to register the child on the grounds that the child's surname must follow the father's surname or the mother's surname. For this reason, Lu Xiaofeng and his wife filed a lawsuit with the court, seeking an order confirming that the defendant Yanshan Police Station's refusal to register a household registration under the name "Beiyan Yunyi" was unlawful. The court ultimately dismissed the plaintiff's claim.

The purpose of this Guiding Case is to clarify that the choice or creation of a surname by a citizen shall conform to traditional Chinese culture and ethical concepts. Choosing a surname other than the father's or mother's surname or creating a new surname solely on the basis of personal preferences and wishes does not fall within the "other legitimate reasons that do not violate public order and good customs" as provided for in the General Principles of the Civil Law and the judicial interpretation of the Marriage Law.

The other four Guiding Cases are Zhang Daowen, Tao Ren et al. v. Jianyang City, Sichuan Province, A Case of Infringement of the Right to Operate a Passenger Manpower Tricycle, A Case of Bei Huifeng v. Haining Municipal Public Security Bureau Traffic Police Brigade Road Traffic Management Administrative Punishment, Sha Mingbao et al. v. Ma'anshan City, Huashan City, People's ** Administrative Compensation for Compulsory Demolition of Houses, and Laizhou Jinhai Seed Industry **** v. Zhangye Fukai Agricultural Science and Technology Co., Ltd., A Case of Dispute over Infringement of the Right to a New Plant Variety.