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2024-11-17 Update From: AutoBeta autobeta NAV: AutoBeta > News >
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AutoBeta(AutoBeta.net)06/23 Report--
It is freedom and right for citizens to change their names, but the premise is that they do not violate the public order and good customs of the society. Recently, a man in Shenyang sued the court and wanted to change his name to "Liu overbearing", but the local police station refused the request. Liu Fuchao sued the Taiyuan Street police station of the Peace Branch of the Shenyang Public Security Bureau.
According to the Administrative judgment of first instance issued by the people's Court of Shenhe District, Shenyang City, Liaoning Province, Liu Fuchao and Taiyuan Street Police Station of the Peace Branch of Shenyang Public Security Bureau, the plaintiff Liu Fuchao claimed that citizens have the right to change their names and have the right to change their names in accordance with the law. According to Article 1012 of the Civil Code of the people's Republic of China, "Natural persons have the right to name and have the right to decide, use, change or permit others to use their own names according to law, but they shall not violate public order and good customs."
In this regard, the Taiyuan Street Police Station of the Peace Branch of the Shenyang Public Security Bureau argued that Liu Fuchao put forward to the public security organs the reason for changing his name because he liked Toyota "overbearing" cars, so he proposed to the public security organs to change his name to Liu Badao. the reason is unreasonable. At the same time, Liu Fuchao did not provide relevant proof of the name change. In addition, the word "overbearing" is explained according to Baidu encyclopedia: 1. Overbearing and unreasonable; 2. Until the monarch ruled by force, criminal law and power, as opposed to the "king's way"; 3. A strong and unreasonable person. Liu Fuchao proposed that he liked "overbearing" cars, so he proposed to change his name to Liu overbearing.
According to the investigation, Toyota's "overbearing" car caused strong dissatisfaction among Chinese netizens because of its advertisement involving humiliation in China in 2013, and they apologized under the pressure of public opinion and renamed it Toyota "Prado". The plaintiff uses the name of the car that he likes, but has been involved in insulting China, as his name, which has a good public order and good customs. To sum up, public security organs respect the law and citizens' right to name, and are willing to serve the people within the limits permitted by laws and regulations, but the plaintiff has no good reason to apply for words that are contrary to public order and good customs as their own names, which does not meet the relevant provisions for changing names.
In the end, the court found that the reason why the plaintiff applied to change the household registration name in this case was "Liu overbearing": "overbearing" means that he likes the name of a car, and the changed name sounds more powerful. The above reasons are not the special or legitimate reasons for the need to change the household registration name. If everyone changes the household registration name because of personal preference, it will bring huge costs to the social public management, and will also increase the risk and uncertainty of social management. Therefore, it is not improper for the defendant to disallow his request to change his name in accordance with the above provisions. To sum up, the reason for the plaintiff to require the defendant to perform the legal duty of changing the household registration name is not established, and the plaintiff Liu Fuchao's claim is rejected.
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