Recently, the Jinning District People's Court of Kunming City successfully mediated a divorce case due to the issue of the child's surname.
Tang and Shi Mouxia have a daughter with their father's surname, and in 2021, the two will have a daughter.
Wife Shi Mouxia believes that Dabao has taken her father's surname Tang, and Erbao should follow her mother's surname Shi, but her husband Tang strongly opposes it, and the two parties do not give in to each other and eventually sue the court to dissolve the marriage relationship.
In the end, Shi mou understood that her husband's insistence that the second child's surname Tang was his father's last wish, and the judge also mediated from it, and the two sides dismissed the idea of divorce.
Some people think that children take their father's surname for granted, and this has been the case since ancient times, and there is nothing to discuss. If women even have to fight about this, they should find someone else to give birth to.
Some people think that women are taking their lives to give birth to children, and in the end they don't even have the naming right of the child's surname, which is really not worth it.
Some people ridiculed: this grandfather's "last wish" is really special, it is actually the surname of the second child.
There are two popular microblogs next to each other that present two very different views:
Let's see how the law regulates.
Article 22 of the Marriage Act states that a child may take the surname of his father or the surname of his mother. Therefore, Tang and Shi's claims are legal, there is no hard and fast rule, and children must have the surname of their father or mother.
"Whose surname the child is with" touches the sensitive nerves of some "male" and "feminist" activists.
Last year's PaPi sauce children's naming rights incident also caused controversy and heated discussion.
Here's the thing, after PaPi sauce gave birth to a daughter, he sent a Weibo message saying that "being a mother is the hardest."
However, because Weibo revealed that the daughter is surnamed Jiang with her husband, some netizens left a message criticizing Papi sauce as a "marriage donkey", and said that the "modern independent woman" of PApi sauce has fallen.
In fact, children and their father's surnames are not a natural thing at all, they have been things since ancient times.
In ancient times, in a matriarchal clan society, people knew only their mothers and not their fathers. At this time, all the children did not even know who their father was, let alone the surname of their father. Naturally, they all have the same surname as their mother.
Some ethnic minorities in China still retain such traditions, such as the Mosuo people in Yunnan.
But with the development of productive forces, the change of the social system, and after entering the patriarchal society, children began to inherit their father's surname, and women began to have no name rights, and often became people with only one surname and no name.
For example: Zhang Wang's, Li's, Liu's... Wait a minute.
In patrilineal societies, especially feudal societies, surnames are very important, it means the same surname and the same lineage, which means that a community of interests can be formed. This is very competitive in the competition.
If you have lived in the countryside, or if you have watched a little costume TV series, you can feel the power of the big family and the big clan. So-called, the same surname three points of affinity, acquaintances are good at doing things.
Even in ancient legislation, there was a provision of "marriage with the same surname". Why, mainly for eugenics. Because in feudal society, the same surname often means relatives who are relatively close.
Marriage between relatives often produces offspring of low quality and are prone to various genetic diseases.
For example, some commonly used words "six relatives do not recognize" and "Zhulian nine tribes" also refer to families with the same surname enjoying common interests and taking common risks.
For example, in the countryside, only the son-in-law who "inserts the door upside down" will have children with the mother's surname, continuing the "incense" of the mother's side of the family.
Under such a concept of thought, if you are not "upside down the door", if the child is with the mother's surname, it is simply a great shame and humiliation, shaking the family foundation lifeline!
Because of the child's surname and to the extent of divorce and lawsuits, if it is placed in the feudal or Republican period, it is understandable, but now it is 2022, has entered the industrial society, the vast majority of jobs are no longer based on physical strength, men, women can also do a good job, get a salary income, support themselves.
Women no longer need to live dependent on their fathers or sons, but can live independently on their own.
After all, everyone is a person who pays taxes with wages, and the tax bureau can collect taxes regardless of men and women.
At this time, the law was also the manifestation of the characteristics of this era - men and women were equal, both enjoyed the right to education, and the children could be surnamed. So it seems that this is just a "family affair" within a family.
But I don't know when, a "wave of confrontation between male rights and feminism" began to rise on the Internet, no matter what it is, it will be brought into the perspective of male and female opposition. Most of the time, I also find it pointless to argue and argue in this way.
For example, Papi sauce wants to make its children's last name whatever they want, and others can control it. But now it seems that the opposing discussions between male rights and women's rights triggered by various events will not decrease, but will only increase.
why?
Although we have entered an industrialized society, no longer the era of slash-and-burn and physical struggle, the fact that men are given priority and the scope of men's rights is larger has continued for thousands of years, and in many invisible aspects, it is still "male superiority and female inferiority", such as even in Hollywood, it is not equal pay for men and women.
For example, women are often asked "how to balance career and family" after childbirth, but men are rarely asked similar questions. North American talk show actress Huang Ali said: Successful male talk show actors can date supermodels, while successful female talk show actors may not even date.
The couple at the beginning of the article already have an eldest daughter, which is surnamed after the husband, and the wife wants the second daughter to follow her own surname, which does not hurt and compete for any substantive interests of the husband and the husband's family, but still met with the husband's fierce opposition.
I think that if it weren't for the husband himself being a "control freak" and having to listen to himself and do as he pleases, the possible explanation would be that this touches the subjectivity of the male collective unconscious.
That is to say, although 2022 is over, many men are still feudal in their bones, women serve men, and women are subordinate to men. Such a concept is precisely what women in this era cannot accept.
However, many of those big mom papi sauce people are also women, are they just?
not necessarily. Everyone can decide their own things without affecting others.
PaPi sauce children's last names do not matter what others do not care. But there are still people on the Internet who continue to scold Papi sauce, in the eyes of this group of people, it seems that only unmarried and infertile is an independent woman and a feminist.
Just because the behavior of others is inconsistent with their own expectations, they go up and scold, where is feminism, it is clearly a violation! But anyone who does not follow their own wishes feels that the other party is unforgiving, which "feminist" is this?
I think that what women want to see is equal rights for men and women, not "male privilege" or "female privilege", men and women are all human beings, all enjoy the same autonomy, and can decide their own affairs autonomously.
In essence, women are pursuing nothing more than human rights.