A Study of Children’s Right of Personal Name in Taiwan：Surname

• Main Authors: Jia-Ci Lian, 連家淇
• Other Authors: Daw-Yih Jang
• Format: Others
• Language: zh-TW
• Published: 2014
• Online Access: http://ndltd.ncl.edu.tw/handle/r86k73

碩士 === 國立中山大學 === 中國與亞太區域研究所 === 103 === The object of this research is Children’s right of personal name due to the characteristic of children’s status. Right of personal name is the right of a natural person to select, use, and change his/her own name. According Judicial Yuan Interpretation No. 399, the right of an individual to select his/her own name is a type of personal right. The name of an individual signifies an aspect of his/her personality. Therefore, the right to choose one’s own name is a physical freedom safeguarded under Article 22 of the Constitution. While Children’s legal capacity is restricted, the right to select and change children’s name is performed by their parents. In practice, the performing of children’s right of personal name often cause conflict when intentions of parents differ. This situation may cause negative effect on children’s rights and interests. The characteristics of Children’s personal name show in their surname as a major criteria. Therefore, this research took surname as a core issue, explored from the development of surname system to the international factors of personal rights and right of personal name, and analyzed the trend and current dilemma of children’s right of personal name in Taiwan. This research combs into the history of Chinese surname to define their origin, meaning, category, and fusion. By studying the origin and development of Taiwanese surname andthe geographic and geneticallyrelation between Taiwan and China to clarify the status of surname from family ethnic to administration. Then, using international factors of personal rights and right of personal name, to analyze relations between the trend of international human rights and legislative development in Taiwan. This research provide an insight to the legal system of children’s right of personal name in Taiwan and the development of legislation and surname systemin each period. From the perspectives of history, human right, and legal system development, it analyze meaning of surname, trend of human right, and the gender equality, right and interest, and social benefit of children’s right of personal name. In conclusion, it provides analysis to current issue on children’s right of personal name and also suggestion.