Naming laws in China

Source: Wikipedia, the free encyclopedia.

Naming laws in China (excluding

simplified characters is advised over traditional Chinese characters
; however, this is not strictly enforced.

Details

"

paternal
side, to be taken from either parent if desired (such as in the case of a dispute between parents) under Article 22 of the "Marriage Law". Thus, the government does not interfere with the will of the person or their parents in the selection of a surname, provided that it is taken from one parent. Citizens also have the right to select their given names and aliases, in which the government has no right to interfere.

There are also no restrictions on previously used names by the government, which fully permits the usage of "well-known" names. It is not illegal to name a child after a famous celebrity, company, or product, as copyright and trademark laws do not apply to personal names. Consequently, this is able to lead to legal issues regarding intellectual property rights and legal matters, as the person is then known by the name given according to law, which opens the possibility for confusion where a personal name is exactly the same to a company or another person, such as during a court case or the creation of legal documents.[1]

Latin characters, numerals and other non-Chinese symbols are prohibited, as they do not constitute part of a Chinese name under government law. Only Chinese characters are permitted; however, characters which are unable to be input on computers are also disallowed. There are no limits on the number of characters used, as this may vary depending on the name (typical Chinese names on average constitute 2 to 3 characters, with 4 or more characters being rare; however,

transliteration into Standard Chinese
).

There are no laws which restrict a person's surname to one character like most

Government of the People's Republic of China does not recognise Mongolian clan names as surnames, people of Mongol ethnicity usually only have a registered given name and no surname (which are absent on their identification cards, whilst their passports would have "XXX" in the surname field), although some individuals choose to adopt a single-character Han Chinese
surname that resembles an abbreviation of their clan name.

Technical issues

There are over 70,000 known

Resident Identity Card
at all times. As these processes are all done electronically, having a name which is not supported by electronic input makes government registration and the management of ID cards much more difficult.

Religious naming restrictions

In 2017, the Chinese Communist Party enacted bans on a list of Muslim names it deemed "too extreme", or may have "connotations of holy war or of splittism (separatism)".[3][4] Examples include "Islam", "Quran", "Mecca", "Jihad", "Imam", "Saddam", "Muhammad", "Hajj", and "Medina", among others.[5][6] Legislation in 2017 made it illegal to give children names that the Chinese government deemed to "exaggerate religious fervor".[7]

Notable cases

Ma Cheng

Simplified Chinese.[note 1]

Ma Cheng (

variant character of 骋 (gallop). There is also the comparatively more common stacked character 骉, but it does not accurately reflect her name because it has a different pronunciation. While some vendors may write her name by hand, those that are strictly electronically managed, such as the Public Security Bureau, are unable to correctly enter her name. Because of this, some computers record her name as 马CHENG or 马马马马. (Compare this practice with the previous technical issues of inputting the Chinese name of the Taiwanese singer David Tao (Chinese: 陶喆; pinyin: Tao Zhe), where before the input of zhe 喆 became supported on computers, many media sources often rendered his name as Tao Jiji 陶吉吉, using two ji 吉 in place of the zhe 喆.)[10]

Zhao C

Zhao C (

ID card to a second-generation version.[15][16] The local Public Security Bureau informed him that his name violated the rules, and that their computers were not equipped to handle non-standard characters.[17] In Pinyin, his name has a pronunciation similar to cí (雌), rather than xī (西).[18] Zhao could not continue using his name despite a court hearing, as he did not provide the lower court with evidence that the Latin character "C" is part of the national standard for "numbers and symbols" of the People's Republic of China.[10][19][20]

Wang "At"

Wang "At" (Chinese: 王＠; pinyin: Wáng "at") is the name that a Chinese couple attempted to give to their newborn baby. It was subsequently rejected.[21][22] The couple claimed that the character used in e-mail addresses echoed their love for the child, where in Chinese, "@" is pronounced as "ai-ta", which is similar to 爱他, literally "love him".[23][24]

Other

  • Xin Ge (辛哿) – A man with a name meaning "satisfactory" and "fine" also has difficulty in the registering of his name due to an unsupported character.[25][26]

See also

Notes

  1. Simplified Chinese variant character of , adapted to match other characters in the PRC, using the simplified 马 (ma, "horse") character. The simplified variant is encoded at 𱅒 U+31152, in the block CJK Unified Ideographs Extension G
    .

References

  1. ^ a b 什么是姓名权？ – 法律快车知识. Lawtime.cn (2009-03-01). Retrieved on 2012-01-08.
  2. ^ Lafraniere, Sharon (21 April 2009). "Name Not on Our List? Change It, China Says". The New York Times.
  3. ^ Richardson, Sophie (24 April 2017). "China Bans Many Muslim Baby Names in Xinjiang". Human Rights Watch.
  4. ^ Xin, Lin (20 April 2017). "China Bans 'Extreme' Islamic Baby Names Among Xinjiang's Uyghurs". Radio Free Asia.
  5. ^ "China bans 'Muhammad,' 'Jihad' as baby names in Muslim region". The Seattle Times. 2017-04-25. Retrieved 2023-05-29.
  6. ^ "China Bans 'Extreme' Islamic Baby Names Among Xinjiang's Uyghurs". Radio Free Asia. Retrieved 2023-05-29.
  7. ^ "China sets rules on beards, veils to combat extremism in Xinjiang". Reuters. 2017-03-30. Retrieved 2023-05-29.
  8. ^ "Living with an obscure name". Danwei.org. December 27, 2008. Archived from the original on 2009-04-24.
  9. ^ "最雷姓名！"马马马马"". leitie.com. Archived from the original on 2009-04-22. Retrieved 2020-12-14.
  10. ^ a b LaFraniere, Sharon (21 April 2009). "Name Not on Our List? Change It, China Says". The New York Times. Retrieved 21 April 2009.
  11. ^ "专家称赵C姓名权官司意义重要 促使完善法律法规". news.tengzhou.com.cn. 2009-02-28. Archived from the original on 2009-04-21.
  12. ^ 一审胜诉 赵C还叫赵C
  13. ^ 赵C姓名权庭审花絮：“左半月形”成法庭流行语 – Sina.com.cn. News.sina.com.cn. Retrieved on 2012-01-08.
  14. ^ "Chinese student, police don't "C" eye-to-eye over name on ID card". Xinhua News Agency. 2009-02-26. Archived from the original on 2009-03-04.
  15. ^ "中国姓名权第一案终审达成和解 赵C要改名字(图)". jiangxi.jxnews.com.cn. 2009-02-27. Archived from the original on 2009-03-04.
  16. ^ "快讯：江西鹰潭市中院二审判决要求赵C更改名字(图)". jiangxi.jxnews.com.cn. 2009-02-26. Archived from the original on 2009-03-04.
  17. ^ "Zhao "left crescent" needs a new name". Danwei.org. February 27, 2009. Archived from the original on 2010-07-15.
  18. ^ "英文字母入姓名不符合我国法律". www.hapa.gov.cn. 2009-03-04. Archived from the original on 2009-04-21.
  19. ^ “赵Ｃ姓名权”案二审判其改名 案件引发的思考 Archived April 21, 2009, at the Wayback Machine
  20. ^ 双方达成和解 赵C还得改名
  21. ^ "Problems with crazy characters". Danwei.org. August 20, 2007. Archived from the original on 2009-04-21.
  22. ^ "新闻出版总署副署长柳斌杰：新媒体发展的现状与趋势". People's Daily. 2006-12-18. Archived from the original on 2015-02-15.
  23. ^ "汉语公布171新词". The Beijing News. 2007-08-17. Archived from the original on 2009-04-21.
  24. ^ "父亲喜欢新事物 儿子取名叫"@"". Beijing Evening News. 2004-10-12. Archived from the original on 2004-11-07.
  25. ^ 公安系统安装软件应对32个身份证冷僻字(图). Tech.sina.com.cn. Retrieved on 2012-01-08.
  26. ^ "Acceptance comes for obscure characters". Danwei.org. September 28, 2006. Archived from the original on 2009-05-07.

External links

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