Fang Yan, deputy to the National People’s Congress and vice chairman of the Shaanxi Lawyers Association, will prepare to jointly submit a proposal on amending the “Law of the People’s Republic of China on the Protection of Women’s Rights and Interests” to strengthen the protection of women’s rights and interests. Fang Yan also believes that the protection of women’s name rights should be made clear in the Law on the Protection of Women’s Rights and Interests, and a provision should be added that “women have the right to use their own names. If children follow their mother’s surname, no one may interfere”.

The representative comrade suggested a loneliness. . . You know what she wants to say, but the logic of the double quote content is seriously wrong. “Women have the right to use their own names. If children follow their mother’s surname, no one may interfere.” It is said that the right to use names is a right granted to all natural persons by the law. However, the right to use name refers to “a natural person’s exclusive right to use his own name in accordance with the law. The use of one’s name is an important part of the name right of a natural person. In civil activities, a natural person can use his or her own name unless otherwise provided by law. One’s own pen name, stage name or pseudonym, etc. No organization or individual may force a natural person to use or not use a certain name. The right to use a name is an exclusive right to use, and others may not deliberately use another person’s name. It is important in reality. The phenomenon of names is not an infringement. Duplicate names are also called parallelism of names, that is, several people legally obtain the same name. Under such circumstances, everyone has the right to use their own names, and they are all legitimately exercising their rights, but deliberately Except for mixed ones.” (Source) does not include the right to name one’s own children. In other words, the father’s surname does not belong to the right to use the father’s name granted by the law. The first half sentence is like saying nothing. Women now have the right to use their names. Then the subject of the phrase “children follow the mother’s surname” is “children”, which means that “children themselves” decide to follow the mother’s surname, and no one can interfere. First of all, this is not limited to daughters, so it has nothing to do with the “right to use women’s names”. Secondly, “surname with mother” is not within the scope of the right to use the name, it should belong to its “right to name” (if there is no name in the original) or “right to change the name”. The guardian of the child before adulthood is probably the biological parent, so when the child is born, the parents should jointly decide the child’s name. No one can interfere with the naming rights of all the children’s biological parents. (It is highly probable that this representative comrade wants to advocate?). Then the adult children, when they grow up, are willing to change their names to follow their mother’s surname, which belongs to the adult children’s own rights, and no one has the right to interfere. Therefore, what this representative wants to suggest may be: minors and their direct guardians have the right to name or change the minor’s name, and no one may interfere. Adults have the right to change their names voluntarily, and no one, including parents, may interfere. It doesn’t have much to do with women-the only high probability that it might have a relationship is: when naming or rename a minor child, the mother’s opinion is as important as the father’s opinion. If the father is deceased, the mother has the right to change the name of her minor child, and no one else may interfere. (Above, if the child can already participate in the discussion, the child’s opinion is also very important!)

zhiwo

By zhiwo

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helpmekim
7 months ago

Really, I advise you guys who read jokes not to think that this representative is weird or superfluous. People who can be deputies to the National People’s Congress will not be a fool. It is impossible for this representative to not know: the law inherently stipulates that children can follow their mother’s surname or their father’s surname. The reason she mentions this is to arouse attention and guide the power of public opinion. Once the public opinion is fermented, although the final result may not necessarily be what was wanted at the beginning, for example, the obvious meaning of this is: the child and the mother whose surname is the dictatorship. But everyone knows that there is a very popular term: Lu Xun’s theory of roof removal. You can grab a bit of rights first, and then continue to propose to guide public opinion after the next time. A little bit of all the legal rights of men is gone. Many people may think, isn’t it just who the child has the last name? What a big deal. Someone even put forward an argument: If the children had their mother’s surname, then the male concept of clan would collapse. In turn, they will not be persuaded by their parents to marry, and they will be completely free from the shackles of family responsibilities. From then on, they will let themselves go like Western men. Or lie flat like Japanese men nowadays. I thought so at the beginning. But the result may not be so optimistic. In the current environment where men have no right to speak, how do you know that things will definitely develop towards Westernization and dailyization? Think about it, the public opinion in the future may be: the family concept of the man’s family is even more overwhelming, and all men’s families can be proud of having a child with their own surname. In order for the man to get this honor, the economic price paid is even worse than it is now. There has always been a trend in the relationship between the sexes: let men exchange real money for an invisible honor label. What I want to say is that it doesn’t matter who the child has the last name. You can give up your child’s surname and use your mother’s surname, but you can’t lose the right to let your child follow your own surname. There is no need to have a sword in your hand and you don’t need to have a sword in your hand. And this representative is doing the same thing as countless women’s rights, they want to make men have no swords in their hands, not everyone has a sword.

heloword
7 months ago

I feel lonely. This proposal has two meanings. One is to protect women’s name rights. This law has long stipulated that the right to name belongs to the natural person. You can go to the police station to change it yourself. The second so-called children can follow the mother’s surname. This has long been stipulated by law. It can follow the parent’s surname. I just follow the mother’s surname. I know some people who follow the mother’s surname. By custom, the law does not force the father’s surname. When children become adults, they can even make a surname by themselves, regardless of their parents. Isn’t that free enough? So this proposal is lonely.

helpyme
7 months ago

Fang Yan’s motives for continuously raising feminist bills are not simple, and completely ignore the damage to the family and the feelings of the children. Some sociologists poured cold water on this, pointing out that there are serious hidden dangers in doing so, and asserting that this phenomenon will not spread on a large scale. When problems emerge in 10 years, people will be rational again. Xiaoli is one of these trends. Because she is an only child, she decided to let Erbao follow her “mother’s surname” after giving birth to her second child, which also fulfilled a wish of her parents. But in fact, Xiaoli soon realized that it is not necessarily a good thing for children to have their mother’s surname and their father’s surname. Although Xiaoli’s two children are both her own children, because Xiaoli forced Erbao to follow her mother’s surname, her husband’s family was very unhappy, and even had some prejudice against Erbao, and she deliberately revealed it from time to time in front of Xiaoli. Er Bao seems to be a child of grandma’s family. The differences in these small details also have a great impact on the two children. Dabao always feels that grandma does not like to go to grandma’s house for him, but Erbao is completely opposite. Both children feel that they belong to two families. Children are average. Xiaoli found that the four hidden dangers of making children have different surnames will be inevitable: 1. Children are treated differently by the family; 2. Feelings between family members are affected; 3. Feelings between children are affected; 4. Parents are also affected. In a dilemma, it is difficult to explain some problems to the child. These 4 hidden dangers will erupt within 10 years, and they will even intensify over time. The children are not close. It is reasonable to say that the two children should be the two closest people apart from the family, or even the two closest people than everyone else. However, if the two children have different surnames and the family treats them differently, the two The relationship between people is definitely not close, and may even become the “closest stranger”. There is a conflict between the in-law’s family and the in-law’s family name. The two children are treated differently to a certain extent. There seems to be a feeling that one child belongs to the in-law’s family and the other belongs to the in-law’s family. If the in-law’s family is true Thinking this way, it is easy to have conflicts. When two children have conflicts, the mother-in-law must be on the side of the child with his surname, and the maiden must be on the side of the other child. And there can be no contradictions among children, but the magnitude of contradiction may be different. Being treated differently by children When the two children grow up, the two children may treat themselves differently, because they were treated differently when they were young. In their minds, they might be on the side of their father or their mother. Thoughts on one side. It’s easy to be “excited” by outsiders, leading to inferiority in children. Children are actually very easy to be affected by what some outsiders say. If two children have different surnames, they are likely to be teased by others in the process of growing up, and the child’s body and mind will also be affected. Therefore, the person who is affected and does not even follow his father’s surname will feel inferior. A child’s low self-esteem and inner injury may have an impact on the child throughout his life, which is a problem that cannot be ignored.

sina156
7 months ago

Chinese laws and traditions support the adoption of the mother’s surname. The law stipulates that you can follow the mother’s surname or the father’s surname. It is up to the husband and wife to discuss and decide, and no one can interfere. Traditionally, it is also supported that the child can follow the mother’s surname or the mother’s surname. The two parties discuss and decide. The male is called the son-in-law, and the child will follow the wife’s surname in the future. All issues should be discussed before marriage, there will not be so many problems, if the boyfriend is not willing to follow the mother’s surname, then change one, until you find the one you are willing to.

yahoo898
7 months ago

I hope that men don’t fall into old ailments. They are superior in the field of both sexes, thinking that they are in control of the overall situation, and that the reality loses again and again. This proposal is not to discuss the legality of the surname of the mother, but to open the way for public opinion on the surname of the mother. Of course, I don’t think there is any problem with the mother’s surname, but when women discuss the issue of mother’s surname, they often ignore the issue of male responsibilities from a female perspective. Let me remind you again that men have never had the right to swear, and the right to swear belongs to women only, because men do not even have the right to reproduce, and the right to swear is included in the right to reproduce. To cite the most common example, a woman wants her child to follow her mother’s surname. The easiest way is to go to a bar to have a shot and raise her own. As long as women do not want to, men actually have no rights in this process. So what men should do is to first assume that the general surname is established with their mothers, and then think about what men should do in order to achieve equality in the new order. Here, let me help you broaden your mind. Regardless of your attitude towards surnames, I believe that equality between men and women can only be achieved after men generally think about their own interests out of individualism. Zhihu-If there is a question, there will be an answer

leexin
7 months ago

First of all, women have the right to surname, in principle, children should follow the father’s or mother’s surname. This NPC representative’s suggestion seems to deprive men of the surname right. Secondly, if a woman neither asks for a betrothal gift nor asks the man to have a car or house before vying for the title, I think it’s okay. Otherwise, the betrothal will talk about tradition and the obligation will talk about the new era. () Stand up again (). Rights and obligations can’t just think about the former. If you hire a son-in-law, there is absolutely no one to grab the naming right with you, and you can take a tripartite surname. Now there are gangs of people who pretend to be fighting for women’s rights, and they do it without even wanting to pay the money for the son-in-law. It is recommended to talk about anything before marriage, instead of using gender as an excuse. One is willing to fight and the other is willing to suffer, but do not temporarily increase the weight, and gradually increase the weight.

greatword
7 months ago

Suppose, suppose. Assuming that the NPC deputies are really extreme feminists, this is a great thing, really. Because it means that no matter what camp or values, people can become deputies to the National People’s Congress. This is a victory for all the people: the central government does not have a filter, and the central government can see and hear all the voices of the people across the country. Even a proposal that must be impossible to pass may be submitted to the central government. This is one of the advantages of the Chinese system. Don’t say anyone has the right to speak in China. This is clear evidence. However, if you equate the right to make decisions with the right to speak, you are playing a hooligan. When making suggestions, you must be clear: a proposal is a proposal, and a vote is a vote. If you think that your request must be met, then it is safer for you to go to Liangshan. Of course, I’m just hypothetical, and I can’t rule out that Fang Yan, the representative of the National People’s Congress, is a high-level anti-feminist. Therefore, please exercise restraint on both feminist and anti-feminist. It’s no problem, I’ll just follow.

loveyou
7 months ago

Seeing that you can all be able to laugh at the place where people’s language is not fluent… Do you dare to feel that netizens understand public opinion better than representatives? Ordinary people know that the Civil Code stipulates that either the father’s or the mother’s surname is acceptable. They also know that this matter is voluntarily negotiated by the husband and wife. Do you think other lawyers don’t understand this? However, the purpose of this kind of “wonderful” proposal, which is basically difficult to pass, is not to pass, but to arouse attention-now, more people will acquiesce that the situation of not following their mother’s surname is “interfered” rather than voluntarily. Wouldn’t there be a national guy who thought he had won.

strongman
7 months ago

It is permissible in theory and practice that children follow their mother’s surname. Does this representative feel that the Civil Code is a decoration? (Theory) And now there are no obstacles in registering children with their mother’s surname. (Practice) If this representative is so interested in the issue of name rights, he might as well care about some things that are allowed in theory but have great obstacles in practice: For example, I would like to ask, why do people have to have a surname? In fact, the laws of our country have never explicitly stipulated that citizens must have surnames, and in fact many ethnic minorities do not, so the “name” in the law should be understood as logical or not logical and. But in fact, newborns of Han nationality citizens who do not use their surnames may encounter refusal to register when registering. Please search for “Beiyan Yunyi” by yourself. I suggest that citizens of the People’s Republic of China, regardless of nationality, can have the right to use or not to use surnames.

stockin
7 months ago

“Women have the right to use their own names” is aimed at the feudal society’s tradition of “wife crowned husband’s surname”. The first law enacted by the People’s Republic of China was the old “Marriage Law” of 1950. This law stipulated the fundamental principle of equality between men and women. Article 11 stipulated: “Husband and wife have the right to use their own names” and abolished feudal society. The tradition of “wife crowned husband’s surname”. Later, the 1980 Marriage Law and the Civil Code fully implemented this principle, requiring that no norms should have rights that are enjoyed only by the man or the obligations are only borne by the woman. When it comes to any kind of identity relationship, Nor can there be unequal rights and obligations due to gender differences. In other words, after the founding of New China, women already have the right to use their own names. Article 22 of the Marriage Law stipulates: “Children can follow the father’s surname or the mother’s surname”, while Article 1015 of the Civil Code stipulates: “Natural persons should follow their father’s or mother’s surname”. Parents naming their children is a manifestation of the exercise of parental authority, and the names of minor children should be chosen jointly by both parents. On the one hand, both parents shall not interfere with the selection of the child’s surname; on the other hand, one of the parents shall not decide the child’s surname without consultation. The level of effectiveness of the Civil Code is of course higher than that of the Law on the Protection of Rights and Interests of Women. What is the significance of this proposal? If the representative is dissatisfied with the fact that children follow the father’s surname far more than the mother’s surname in reality, instead of trying to change people’s habits, it is better to directly abolish the surname system. After all, surnames have no substantive effect on national administration. Whether the functions of surnames need to be protected by law is questionable.

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