Home > English > Judicial Cases > Full Text

Guiding Case No. 89: “Beiyan Yunyi” v. Yanshan Police Station under Lixia Branch of the Public Security Bureau of Jinan City (Case about dispute over public security administrative registration)

指导案例89号: “北雁云依”诉济南市公安局历下区分局燕山派出所公安行政登记案

【CLI Code】 CLI.C.10200688(EN)  Statement

  • Guiding Case No. 89: “Beiyan Yunyi” v. Yanshan Police Station under Lixia Branch of the Public Security Bureau of Jinan City (Case about dispute over public security administrative registration)
  • 指导案例89号: “北雁云依”诉济南市公安局历下区分局燕山派出所公安行政登记案
  • (Issued on November 15, 2017 as deliberated and adopted by the Judicial Committee of the Supreme People's Court)
  • (最高人民法院审判委员会讨论通过 2017年11月15日发布)
  • Guiding Case No. 89
  • 指导案例89号
  • Keywords
  • 关键词
  • administrative; public security administrative registration; right of name; public order and good customs; justification
  • 行政/公安行政登记/姓名权/公序良俗/正当理由
  • Key Points of Judgment
  • 裁判要点
  • Legal Provisions
  • 相关法条
  • Basic Facts
  • 基本案情
  • Lv Xiaofeng, legal representative of plaintiff “Beiyan Yunyi,” alleged that: His wife Zhang Ruizheng gave birth to a girl in the hospital. They gave her a name “Beiyan Yunyi” and handled the birth registration and the household registration of newborns for further reference on the family planning service manual. When he handled the household registration for his daughter, defendant Yanshan Police Station under Lixia Branch of the Public Security Bureau of Jinan City (hereinafter referred to as “Yanshan Police Station”) refused to handle the household registration on the ground that the surname of the newborn must be that of the father or mother, namely, “Lv” or “Zhang.” In accordance with the provisions on the right of name in the Marriage Law of the People's Republic of China (hereinafter referred to as the “Marriage Law”) and the General Principles of the Civil Law of the People's Republic of China (hereinafter referred to as the “General Principles of the Civil Law”), Lv Xiaofeng requested the People's Court of Lixia District, Jinan City to confirm that defendant's refusal to handle household registration with “Beiyan Yunyi” as the name violated the law.
  • 原告“北雁云依”法定代理人吕晓峰诉称:其妻张瑞峥在医院产下一女取名“北雁云依”,并办理了出生证明和计划生育服务手册新生儿落户备查登记。为女儿办理户口登记时,被告济南市公安局历下区分局燕山派出所(以下简称“燕山派出所”)不予上户口。理由是孩子姓氏必须随父姓或母姓,即姓“吕”或姓“张”。根据《中华人民共和国婚姻法》(以下简称《婚姻法》)和《中华人民共和国民法通则》(以下简称
  • Defendant Yanshan Police Station contended that: In accordance with the laws and the provisions of superior documents, the act of refusing to handle household registration with “Beiyan Yunyi” as the name was correct. Although the General Principles of the Civil Law provided that citizens enjoyed the right of name, there were no specific provisions. In the reply on issues concerning children's change of surname after the divorce of their parents made on the press conference held by the Supreme People's Court on December 23, 2009,
  • ......
  • ......
  • Tel: +86 (10) 8268-9699 or +86 (10) 8266-8266 (ext. 153)
  • Mobile: +86 133-1157-0712
  • Fax: +86 (10) 8266-8268
  • database@chinalawinfo.com
© Pkulaw (www.pkulaw.com) provides various professional solutions in such fields as legal information, law knowledge and legal software. Pkulaw provides you with abundant reference materials. When you invoke articles of laws and regulations, please check them with the standard texts.
You are welcome to view all our products and services. Pkulaw Express:How to quickly find information you need? What are the new features of Pkulaw V6? s
智能检索