摘要(Abstract)：
I.INTRODUCTIONThe Supreme People’s Court listed the suit Beiyan Yunyi v.Yanshan Police Department in Lixia Branch of Jinan Municipal Public Security Bureau as the No.89 guidance case.The key of the ruling of the case is that citizens should select or create surnames in accordance with Chinese traditional culture and
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作者(Author): 王盱衡;
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- 1 The Supreme People's Court stated in its reply letter to the Liaoning Provincial High Court on August 14,1981 that after the divorce,without the ex-husband s consent,the unilateral decision to change the name of the child was improper and the original name should be restored.Article I9 of the Several Specific Opinions on People's Courts Trial for Divorce Cases in Handling Children's Raising issued by the Supreme People's Court on November 3,1993,stipulates that if the name is changed by the stepmother or a stepmother s surname gives rise to any dispute,the original surname should be ordered to be restored.In accordance with the judicial interpretation mentioned above,it is improper for either party to alter the name of the child without authorization unless the two parties negotiate or decide on their own surnames after their children become adults.If a dispute arises,the People's Court will order the reinstatement of the name.
- 2 Cai Xiaoxue,Analysis of Cases on Legislation Interpretation Caused by the Naming of Citizens,China Law Review 4(2015).
- 3 On July I8,1986,Zhao Zhirong,registered the name Zhao C for his son.In 2005,his son was admitted to university and Zhao Zhirong applied for the first generation of the ID card for his son with the name Zhao C.The ID card was issued on June 16 of that year.The reasons why Zhao Zhirong chose the first name C are as follows.First,he wished his son to master at least two languages,in which Chinese and English are necessary.Second,the English letter"C"is the first letter of"China",which indicates that his son should be able to study in Western countries,but he must not forget his country.Third,among the 26 English letters,"C"appears the most as the first letter in English words,so it means more children of the family.Zhao C used this name for more than 20 years.In August 2006,when Zhao C applied for the second-generation ID card,he was told by the police that the Ministry of Public Security could not have the word"C",registered.Later,Yingtan Public Security Bureau Yuehu District Branch household registration section also informed,Zhao C could not be accepted by the Ministry of Public Security household registration network system.He was asked to change his first name.On July 6,2007,Zhao C filed an application with the Public Security Bureau of Yingtan City and asked to continue using Zhao C,but he was refused.In January 2008,Zhao C sued Yingtan Public Security Bureau Moon Lake Branch.On June 6,2008,People s Court of Yingtan Yuehu District supported Zhao C in the trial and Yingtan Public Security Bureau Moon Lake Branch appealed in June 2008.In the second instance of the court,the focus of the debate between the Parties was whether"C"was a digital symbol that could be used in accordance with the National Standard for Identity Cards of the People's Republic of China.Yingtan Public Security Bureau Yuehu Branch stated that"C"belongs to the prohibition of use and cannot be registered in the household registration management system.Therefore,the second-generation ID card cannot be replaced.Under the repeated coordination of the court,both Parties expressed their willingness to compromise outside the court and reached a settlement.At 19:12 on Februaiy 26,2009,the court made a second instance,ruling that the first-instance judgment of People s Court of Yingtan Yuehu District should be revoked and Zhao C should change the first name by using standard Chinese characters.Upon the change of the first name"C",Yuehu District,Yingtan City Public Security Branch shall register the new name for Zhao C free of charge.360 ENCYCLOPEDIA,at https://baike.so.com/doc/5856600-6069442.html(Last visited on March 25,2018).
- 4 Li Junru,Deep Understanding of the Significance of the Transformation of Major Social Contradictions in Our Country,the People's Daily,November 16,2017,at 7.
