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Everyone should know that babies should be registered after birth, but most people do not know what precautions are for registration.
A father refused to register a child because the name he gave to him violated the law, which made the father very incomprehensible and directly sued the police station.
Summary of the case
Mr. Lu and Ms. Zhang are a loving couple, but because Mr. Lu was still serving in the army when they got married, the two never had children.
Later, Mr. Lu returned from military service, and at the urging of the elders in the family, the two had a child.
Looking at the new little princess in the family, the couple and the two parents are very happy. But with that comes the question of choosing a name for a daughter after birth.
The two families put forward many names back and forth, and the couple felt that it was not good, the names taken by the older generation were a little too grounded, and the couple still remembered a more foreign name.
Later, the couple came up with a wonderful name with reference to poetry and songs, which was neither with the father's surname nor the mother's surname, but created another surname as Beiyan, the full name "Beiyan Yunyi".
Soon, Mr. Lu went to the police station to register the child, but when he arrived at the police station, he encountered trouble.
This name did not comply with the law, according to the law, the child's surname either followed the father's surname or the mother's surname, but Mr. Lu's child's surname was Beiyan, which did not meet this regulation, and the police station refused to give the child a hukou.
Mr. Lu made a difficulty, they liked this name very much, they really didn't want to change it, and they hoped that the police station could accommodate it.
But the police station said that if you don't change your name, you can't get on the hukou, this is the rule. Mr. Lu was angry that the police station could not be accommodating, so he turned around and sued the police station to the court.
The verdict of the first instance showed that Mr. Lu lost the case, and after careful study and judgment by the court of second instance, Mr. Lu still lost the case, which took six years before and after.
Interpret the law by case
In this case, some people will say that the mainland name right consists of "self-naming rights", "name use rights" and "name change rights", and Mr. Lu can exercise "self-naming rights".
First of all, the "right to self-nominate" is the right of natural persons to decide their own name, and no one has the right to interfere.
From this point of view, Mr. Lu's naming of his children should be free from interference, and he can name them however he wants, which is correct.
At the same time, according to the provisions of the Civil Code of the mainland, natural persons enjoy the right to a name and have the right to decide, use, change or permit others to use their names in accordance with the law, but they must not violate public order and good customs.
From this point of view, Mr. Lu has no problem in naming the child's surname "Beiyan", and as the child's father, he has the right to name the child.
However, the mainland's Civil Code also stipulates that natural persons should take their father's surname or mother's surname, and there are three other special circumstances. That is, the surnames of blood relatives of other direct elders are chosen; Choosing the surname of a dependant because he or she is supported by a person other than the legal dependant; There are other justifiable reasons that do not violate public order and morals.
Obviously, Mr. Lu and Ms. Zhang's children are either surnamed Lu or Zhang, or they meet other conditions.
However, if there is no direct elder blood relative surnamed Beiyan in these two families, and there is no person other than the legal guardian to raise them, then Mr. Lu and Ms. Zhang's children can only be surnamed Lu or surnamed Zhang, otherwise the name is illegal when they go to the hukou, and the police station has the right to refuse the request to go to the hukou.
"There are other legitimate reasons not to violate public order and good customs", this needs to be singled out, because this is also the key to Mr. Lu's defeat.
What is public order and good customs? Public order and good customs mean that the conduct of civil subjects shall abide by public order, conform to good customs, and must not violate the public order of the state and the general morality of society.
There is nothing wrong with looking at the name "Beiyan Yunyi" alone, but careful analysis will find that this surname is not in the hundred family names in the first place, but belongs to another created surname.
Mainland surnames have been passed down for thousands of years, and what is the surname is not only respect for ancestors, but also respect for traditional culture, and making up surnames is indeed not conducive to the inheritance of traditional culture.
Therefore, the reason given by the court for refusal is also not in line with good customs and general social morality, and violates public order and good customs.
In fact, this not only protects the right to the name of natural persons, but also ensures that the culture of traditional surnames is not affected and effectively inherited, and at the same time allows the household registration management to be implemented.
Choosing an official name needs to follow the law, and you must not create an unconventional name by yourself to ask the police station to register on the hukou, such a name is illegal and will not be protected by law.
What is everyone's opinion on this case? Welcome to leave a message in the comment area to discuss.