In 2009, a man named Beyan Yi Yun was rejected, which alarmed the Supreme Court. What was the result?
The top 10 girls' names are Ruoxi, Enoch, Han Yi, Enoch, Zi Han, Yimo, Yutong, Xinyi, Yutong and Yuyi.
These names are beautiful, but in terms of particularity and sensation, they are not as good as the name given to their daughter by the Lushi couple in Jinan, Shandong Province: Beiyan Yi Yun.
On June 25th, 2009, the daughters of Lu Xiaofeng and Zhang Ruizheng were born in Jinan, Shandong. Out of love for poetry and China traditional culture, the couple decided to name their daughter "Beiyan Yi Yun", Beiyan is their surname and Yi Yun is their first name. This name is not only beautiful and poetic, but also has a beautiful meaning, and there are allusions:
One said: Hongyan passed the book and pinned her love for acacia. Goose has always been the object of lovesickness in ancient poetry. Jiang Zong, a poet of Sui Dynasty, wrote in "Returning to Chang 'an Road in Yangzhou" that the heart was driven away by the southern cloud, followed by the northern geese, and the hometown chrysanthemum was under the hedge. Today, several flowers are in full bloom. Li Bai, a poet in the Tang Dynasty, wrote in A Yelang in the South that Yelang left home in anger, and there was no news of Mingyue Building, and Beiyan was eager to see it in the spring, so he could not write a book in the South.
Second, the swallow knows the ambition of the swan. Tao Yuanming's "Mourning cicadas and keeping silent, Cong Yanming flying into the sky" fully embodies the poet's own ethereal and noble spirit.
It can be seen that choosing "Beiyan" as the surname not only entrusts the couple with their love for their daughter, but also implies that her daughter can "jump into the sea and fly into the blue sky" in the future. Yi Yun is a better name. Yiyun is actually an inverted sentence, which belongs to the commonly used method in name. Similarly, and Zhou Zhiruo, such as Ru and Ruo, want girls to look like something. The "heart" here should be "as new" and "zhi ruo" should be "ruo zhi". Zhi is a beautiful herb. Therefore, "Yi Yun" should be "Evian", snuggling up to the white clouds, with a sense of security.
In a word, Lu Xiaofeng and Zhang Ruizhen live in the north, taking "Beiyan" as their surname and "Yi Yun" as their name. The geese depend on each other and the clouds accompany them. This name is really atmospheric, artistic and beautiful. Personally, I think these names are better than those of the glory of the king and Huangpu Military Academy.
In February 2009, Lv Xiaofeng went to the local police station to register her daughter registered permanent residence. She told the police that "Beiyan" was her own surname, and she chose "Beiyan Yi Yun" as her name, which was taken from four classical poems in China, to symbolize her parents' good wishes to her daughter.
The police explained to Lu Xiaofeng that the newborn's surname should be the father's surname or the mother's surname, that is, the surname "Lu" or "Zhang", otherwise it would not meet the conditions for birth registration. Lv Xiaofeng insisted on registering her daughter in the name of "North Research Yi Yun". Later, the local police station decided not to register registered permanent residence according to Article 22 of the Marriage Law.
In order to name her daughter, Lu Xiaofeng took the local police station to court in the name of her daughter "Beiyan Yi Yun" and asked the police station to register her name.
Lu Xiaofeng said at the trial: Article 99 of the General Principles of the Civil Law stipulates that "citizens have the right to name, have the right to decide, use and change their own names in accordance with regulations, and prohibit others from interfering, stealing or impersonating", while Article 22 of the Marriage Law stipulates that "children can take their father's surname and their mother's surname". Neither law prohibits citizens from naming themselves, but they can take their father's surname or their mother's surname.
The local police station put forward three opinions:
1. The General Principles of the Civil Law stipulates that citizens have the right to name, but there is no specific explanation. Article 22 of the Marriage Law is a special provision on children's surnames, which stipulates that children can take their father's surnames, their mother's surnames and not their three surnames. Acts that are not clearly stipulated by law cannot be carried out, that is to say, children have only two choices: taking their father's surname or their mother's surname.
2. The purpose of the legal recognition of the right to name is to make citizens clearly distinguish themselves from others through written symbols, that is, names, and realize their own personality and rights. Name right, like other rights, is restricted by law and cannot be abused. It is a traditional custom of the Chinese nation for newborn babies to take their father's surname and mother's surname, which shows blood relationship, but the third surname is contrary to this traditional custom and the original intention of the surname.
3. When public security organs throughout the country implement the provisions of Article 22 of the Marriage Law on children's surnames, the standards are the same, that is, children should take their father's surname or their mother's surname.
After two public hearings, the court of first instance held that there were differences in the application of Article 99 of the General Principles of the Civil Law and Article 22 of the Marriage Law. Regarding the application of the law in this case, it is necessary to ask the competent authority for explanation or confirmation. Therefore, the trial of this case was suspended on March 1 1 day, and resumed on April 2 1 day, 2065.
Then, the case was reported step by step, from the Intermediate People's Court of Jinan City, Shandong Province to the High Court of Shandong Province, to the Supreme People's Court, and then to the national legislature. 20 14 10, the national legislature explained Article 99 of the General Principles of the Civil Law and Article 22 of the Marriage Law:
After the legislature made relevant explanations, the People's Court of Lixia District of Jinan tried the case again on April 20 15, 2 1.
The court held that the focus of this case was whether the suggestion of Lu Xiaofeng to choose the surname of "Beiyan" for her daughter was in line with the above legislative interpretation that "there are other legitimate reasons that do not violate public order and good customs". The court held that this was not the case and put forward three opinions:
1. It is beneficial for social management for children to inherit their parents' surnames.
From the perspective of social management and development, it is beneficial for children to inherit their parents' surnames to improve the efficiency of social management, and it is convenient for administrative organs and other social members to make a preliminary judgment on the main social relations of surname users. If surnames are allowed to be chosen or even created at will, it will increase the cost of social management, which is not conducive to society and others, to maintaining social order and achieving benign social control, and it is easy to cause confusion and increase the risk and uncertainty of social management.
2. Choosing a surname involves public order and good customs.
In the traditional culture of China, the "surname" in the "name", that is, the surname, mainly comes from objective inheritance, which is passed down by ancestors, bearing respect for ancestors and love for family, and embodying blood inheritance, ethical order and cultural tradition.
The "name" comes from subjective creation and is given by parents, bearing personal preferences, personality characteristics, elders' wishes and so on. Citizens' attention and respect for the inheritance of surnames not only reflects blood and kinship, but also carries rich cultural traditions, ethical concepts and humanistic feelings, which conforms to mainstream values and is the carrier and mirror image of the centripetal force and cohesion of the Chinese nation.
In principle, citizens take their father's surname or their mother's surname, which conforms to the traditional culture and ethics of China and the wishes and practical habits of the vast majority of citizens. On the other hand, if citizens are allowed to choose surnames at will, or even create their own surnames, it will have an impact on cultural traditions and ethical concepts and violate social good customs and general moral requirements.
3. Citizens have the right to name according to law. The exercise of name right belongs to civil activities. It shall comply with the provisions of the first paragraph of Article 99 of the General Principles of Civil Law and Article 22 of the Marriage Law, and shall also abide by the provisions of Article 7 of the General Principles of Civil Law, that is, social morality shall be respected and public interests shall not be harmed. In general, the behavior of choosing surnames other than father's surname and mother's surname mainly exists in the situation that the actual dependency relationship changes, which is beneficial to the physical and mental health of minors and safeguarding their personal dignity.
In this case, Lu's act of creating surnames only based on personal preferences is obviously arbitrary, which does not conform to the legislative interpretation of "there are other legitimate reasons that do not violate public order and good customs" and should not be supported.
Finally, the court ruled that the lawsuit of "Beiyan Yi Yun" was rejected, that is, the Lushi couple could not choose "Beiyan" as their daughter's surname.
With the development of economy and society, the educational level of parents is generally higher and higher, and the names given to children are becoming more and more cultural. In the last century, common names such as tie column and dog dregs have long since disappeared, replaced by literary names such as Zi Han and Han Yi, and some unconventional parents gave their children personality names such as the glory of the king, Whampoa Military Academy and Xie Zulong 'en.
Having said that, some people may ask, Northern Rock Yi Yun can't do it, but why can the glory of the king? It's very simple, because the glory of the king's parents have a surname "Wang". Similarly, Beiyan Yi Yun can also be used as a name. As long as your family name is "Bei", you can name your child "Beiyan". There is indeed a surname "North".
Now is an era of advocating individuality. As long as it is in line with the law, it is understandable for others to choose their names, but personally, if they are seriously divorced from tradition, it is not advisable to give their children some strange names or find some uncommon words to express their culture just because of their parents' temporary preferences.
Name is the code name of a person's life, and it is the first information we present to others in social communication. Some names may be nothing in the short term, but they may bring great trouble to children's future interpersonal communication. Even some netizens feel inferior and distressed because of their names, and remember why their parents gave them such names, which deserves our attention.
Off-topic, what kind of name is a good name?
I think we should work hard from three aspects: sound, form and meaning. It is catchy to read, looks neat, and has certain moral or commemorative significance. For example, I like the name Zhou Zhiruo very much. If both words are up and down, it will be more regular and the whole will be better than the heart. I also like the names Sarah and Jiang Yingrong, both of which are very artistic, especially Jiang Yingrong, who used his surname and first name to form a beautiful overall composition; There is also the name horse, which is more meaningful. Horses and dragons. Does it make sense?
Finally, I ask you a question. Do you have any opinions or questions about naming? Welcome to leave a message for discussion.