The Right to a Name in Public Law

Name: The Right to a Name in Public Law
ISBN: 9787301309605

刘练军Peking University Press · ChinaAug 2025

Rating 4.0

Word count: 138K words
Chapters: 58
ISBN: 9787301309605

Summary

In recent years, administrative litigation cases concerning name registration have attracted increasing attention. The fundamental reason lies in the fact that China's Household Registration Regulations contain overly simple provisions on name registration that lack operability. In 2007, the Ministry of Public Security, commissioned by the State Council, drafted the Name Registration Regulations (Draft), but the effort came to nothing. This book proceeds from the personality right in constitutional law to systematically analyze the right to a name as a public-law right and the administrative-act nature of name registration, and on this basis puts forward the author's own "Scholars' Proposed Draft of the Name Registration Regulations" together with its rationale. The book's distinguishing feature is that it starts from a large number of administrative litigation cases concerning name registration and studies the issue through litigation cases, making it highly readable and a valuable reference. The author's purpose in publishing this book is to promote the early promulgation of name registration regulations, so as to standardize and safeguard citizens' public-law right to a name through national legislation.

Editor's review

This book approaches the issue of name rights from the perspective of constitutional personality rights, re-examining name rights—usually discussed within the civil law framework—within public law relations, a perspective that is itself academically groundbreaking. The author, Liu Lianjun, draws on a large number of administrative litigation cases concerning name registration as analytical material, inferring normative deficiencies from practical disputes, pointing out that the relevant provisions of the Household Registration Regulations are overly brief and lack operability, and on this basis attempts to propose a "Scholars' Draft of the Name Registration Regulations." This research path—from cases to norms, from problems to solutions—distinguishes the book from mere institutional history or conceptual survey and gives it strong practical relevance. For researchers and practitioners in administrative law and constitutional law, the book's analysis of the administrative act nature of name registration and its definition of the content of name rights in public law both offer discussable entry points. General readers with personal questions about name changes or registration disputes may also find the case sections illuminating, though they will need some patience with legal provisions. Overall, this is a departmental law study with clear problem awareness and rich materials.

Who it's for

A good fit for

Graduate students in constitutional and administrative law who need specialized research on the public law dimension of name rights
Public security household registration administrators and administrative litigation practitioners concerned with the normative basis of name registration cases
General readers with personal questions about name changes or registration disputes who are willing to understand legal reasoning
Law enthusiasts following legislative progress on personality rights protection who wish to expand their perspective beyond civil law

Not a good fit for

Readers seeking a general civil law treatment or popular legal reading on name rights, as the book focuses on the public law perspective and registration system
General leisure readers without legal background who are unwilling to engage with provisions and case analysis
Administrative staff expecting the book to directly provide an operational guide to name registration, as it centers on academic analysis and a draft proposal

Reading tips

Read the introduction and case sections first to understand the types of disputes in name registration administrative litigation before entering the theoretical analysis chapters.
While reading, consult the relevant provisions of the Household Registration Regulations and note the normative gaps and operational difficulties the author identifies.
Compare the author's draft proposal article by article with current provisions to consider legislative feasibility and practical constraints.
Readers interested in the cases may first skim the case summaries in each chapter, then return to read the legal analysis in detail.

About the publisher

Peking University Press China · Founded in 1979

Peking University Press is a comprehensive university press whose publishing areas cover classical literature, popular science, social culture, world history, Western philosophy, and culture. Its catalogue contains 6,031 titles, with representative books including A Dream of Red Mansions, Relativity: The Special and General Theory (15th Edition) (with Einstein's classic papers on unified field theory and other topics), Elements, Conics, The Aristocratic Families of the Eastern Jin, The Philosophy of Mythology (Volume I), The Philosophy of Mythology (Volume II), and The Origin of Continents and Oceans. Representative authors include Cao Xueqin, Zhou Ruchang, Albert Einstein, Euclid, Apollonius, Tian Yuqing, Schelling, and Xian Gang. The press has developed distinctive strengths in classical Chinese literature and in the translation of Western philosophical classics, while also covering scientific classics and social and cultural studies. As public information is limited, this description is based only on the books in the catalogue and offers no further extrapolation.

版权信息
前言心路历程的告白
第一章姓名权保护的度在哪里
一、一宗深受关注的姓名权案
二、作为宪法权利的人格权（姓名权）及其限制
三、规范审查与姓名权保护
第二章姓名权能走多远
一、赵C改名之争及其法律焦点
二、姓名权的基本权利属性
三、姓名权限制：法律保留原则
四、余论
第三章姓名登记行政诉讼私法化的制度逻辑
一、引论：一个广被忽视的质变
二、不予登记行为的侵权客体：公法姓名权
三、行政诉讼私法化目的：规避合法性审查
四、缘何规避：司法运行的制度逻辑
五、结语
第四章姓名变更及其规范再造：类案的考察与启示
一、姓名变更理由之不可穷尽性
二、现行有关姓名变更规定之评述
三、姓名变更规范之再造方案
四、结语
第五章离异子女姓名变更规范重构：基于儿童最大利益原则
一、现行离异子女姓名变更规范之评析
二、现行规范违逆儿童最大利益原则之案例证明
三、恪守儿童最大利益原则之法理证成
四、离异子女姓名变更规范之重构
五、结语
第六章刑释人员姓名变更权如何保障
一、《刑法》第100条旨在剥夺刑释人员姓名变更权吗
二、地方规范性文件能取消刑释人员的姓名变更权吗
三、行诉法官可担当刑释人员姓名变更权的守护者吗
四、结语
第七章姓名登记规范研究
一、北雁云依案抛出的姓名登记问题
二、姓名登记：规范与案例
三、姓名权对姓名登记的防御权功能
四、公法姓名权限制与对姓名登记的司法审查
五、姓名登记规范体系化建构
六、结语
第八章《姓名登记条例》建议稿及理由
一、总则
二、姓名设定
三、姓名变更
四、登记程序
五、法律责任
六、附则
附录
一、中华人民共和国户口登记条例
二、公安部治安管理局关于执行户口登记条例的初步意见（节选）
三、公安部姓名登记条例（初稿）
四、全国人民代表大会常务委员会关于《中华人民共和国民法通则》第九十九条第一款、《中华人民共和国婚姻法》第二十二条的解释
五、最高人民法院关于子女姓氏问题的批复
六、最高人民法院关于变更子女姓氏问题的复函
七、最高人民法院关于人民法院审理离婚案件处理子女抚养问题的若干具体意见（节选）
八、公安部关于抚养人申请变更子女姓名问题的批复
九、公安部关于父母离婚后子女姓名变更有关问题的批复
十、公安部关于父母一方亡故另一方再婚后未成年子女姓名变更有关问题处理意见的通知

FAQ

Does this book mainly discuss name rights in civil law or in public law?

The book explicitly takes a public law approach, focusing on name rights as constitutional personality rights and the administrative law nature of name registration acts. It touches on basic concepts of civil law name rights for comparison, but its core concern is the name registration system and public law rights protection, not civil law issues such as tort or commercial use of names.

Are the cases in the book real judgments?

The book draws on administrative litigation cases concerning name registration that have attracted attention in recent years, with cases derived from real litigation disputes. The author uses these cases to categorize dispute types and judicial reasoning, then discusses normative deficiencies. Readers may use the case sections as an entry point to understanding institutional problems, but should not equate the book's analysis with the adjudicative conclusions of specific cases.

Does the author's draft proposal have legal effect?

The "Scholars' Draft of the Name Registration Regulations" in the book is an academic legislative proposal based on the author's research and case analysis and has no legal effect. Its significance lies in providing a reference text and discussion basis for improving the name registration system; readers should regard it as an academic viewpoint rather than current norms.

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About the author

刘练军 Author

Liu Lianjun is an author focusing on the field of law. Public information about him is currently limited, and details such as his nationality, dates of birth and death, and educational background cannot yet be confirmed. One work by him is included in the database, The Right to a Name in Public Law, which is classified under law and is a specialized study discussing the right to a name as a specific right from the perspective of public law. Judging from the title and classification, the author's research orientation leans toward public law fields such as constitutional law and administrative law. He is adept at approaching issues through specific rights and at sorting out the relationship between normative texts and institutional practice. Topics of this kind are narrowly focused and clearly problem-oriented, and usually require balancing theoretical analysis with case examination; the writing tends to present a clear, well-organized, and rigorously argued academic style. Because relatively little introductory material is available, it is difficult at present to offer a more comprehensive assessment of his academic career and overall output; readers may consult the book itself to understand his research approach and argumentative characteristics.