Sihai network

The reason why parents refused to give their children the name of beiyanyun

The reason why parents refused to give their children the name of beiyanyun

4hw.org: today's children are born in the era of highly developed Internet, and their parents are relatively open to name their children, which is quite "unambiguous". The name "King glory" once circulated on the Internet. Recently, the case of "beiyanyunyi" has attracted people's attention.

The Supreme People's court recently released the 17th batch of 5 guiding cases, including 4 administrative cases and 1 intellectual property case, for reference when people's courts at all levels try similar cases. The case of "beiyanyunyi" v. Yanshan police station of Lixia District branch of Jinan Public Security Bureau "was selected.

Lu Mou, a citizen of Jinan (the first on the right above), gave his daughter a poetic name, beiyanyunyi, which neither followed his father's surname nor his mother's surname.

It is understood that LV Xiaofeng and Zhang Ruizheng named their newly born daughter "beiyanyunyi". When they registered, Yanshan police station of Lixia District branch of Jinan Public Security Bureau of Shandong Province refused to register their children's family name on the basis that their father's or mother's family name must be followed. For this reason, LV Xiaofeng and his wife filed a lawsuit to the court, asking for an order to confirm that it was illegal for the defendant Yanshan police station to refuse to register the residence in the name of "beiyanyunyi". The court finally dismissed the plaintiff's claim.

The purpose of the guidance case is to make it clear that the selection or creation of surnames by citizens should conform to traditional Chinese culture and ethics. It does not belong to the general principles of civil law and the judicial interpretation of marriage law that "there are other legitimate reasons that do not violate the public order and good customs" to choose other surnames or create new surnames only according to personal preferences and wishes.

The other four guiding cases are "Zhang Daowen, Tao Ren, etc. v. the people's Government of Jianyang City, Sichuan Province for infringing the management right of passenger tricycle", "Bei Huifeng vs. the traffic police brigade of Haining City Public Security Bureau for administrative punishment of road traffic management", "Sha Mingbao, etc. v. the people's Government of Huashan District, Maanshan city for compulsory demolition of houses" and "Laizhou Jinhai Seed Co., Ltd. v. Zhangye City" Fukai Agricultural Technology Co., Ltd. infringes on the right of new plant varieties.