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Naming laws in China

From Wikipedia, the free encyclopedia

Naming laws in the People's Republic of China (excludingHong Kong andMacau) are based mainly on technical capability rather than the appropriateness of words[citation needed] (as opposed tonaming laws in Japan, which restrict thekanji which can be used based on appropriate taste, as well as readability by all people). Although it is advised for parents to name their children so that others are able to easily read their names, there are no restrictions on the complexity ofChinese characters used, provided that there are no technical issues in doing so (see below). The use ofsimplified characters is advised overtraditional Chinese characters; however, this is not strictly enforced.

Details

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"General Principles of Civil Law" Article 99 guarantees citizens the right to a name and the choice of naming therein.[1] The right of self-naming permits thesurname, although naturally obtained from thepaternal 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 regardingintellectual 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,non-Han ethnic groups such asMongols,Tibetans andUighurs have many syllables aftertransliteration into Standard Chinese).

There are no laws which restrict a person's surname to one character like mostHan Chinese names, since some people of Han Chinese ethnicity haveChinese compound surnames, and it is very common for foreign residents and ethnic minorities to have long surname transcriptions. However, since theGovernment of the People's Republic of China does not recogniseMongolian 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-characterHan Chinese surname that resembles an abbreviation of their clan name.

Technical issues

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There are over 70,000 knownChinese characters, but as of 2009 approximately only 32,232 were supported for computer input,[2] including both Traditional and Simplified characters (seeGBK (character encoding) etc. There is ongoing work inUnicode to support the others, seeCJK Unified Ideographs). As the government database of personal names is maintained digitally on government networks, input of rarer characters becomes virtually impossible, thus creating an irremovable restriction on permitted names. All citizens within the People's Republic of China must have their details registered on the government computer network, while those over the age of 16 must carry anidentification card, known in China as aResident 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

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In 2017, the Chinese Communist Party enacted bans on a list ofMuslim 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

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Ma Cheng

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The temporaryResident ID Card of Ma Cheng, with a handwritten "Cheng" character. Note that Ma Cheng's name appears inSimplified Chinese.[note 1]

Ma Cheng (Chinese:𩧢 (some browsers will be unable to display the second character, which is three horses placed horizontally),pinyin:Mǎ Chěng) is a woman fromBeijing who, due to her obscure name, frequently encounters issues regarding name registration in places such as airports and police stations.[8] Ma explained onBTV-7[9] that her parents were inspired by a trend where given names are made up of a tripled surname, as in Jin Xin 金鑫, Xiao Mo 小尛, Yu Xian 魚鱻 and Shi Lei 石磊, and so her grandfather found her name in theZhonghua Zihai, the largestChinese character dictionary. Pronounced "Cheng", this character can be found in theKangxi Dictionary, where it is listed as avariant character of (gallop). There is also the comparatively more common stacked character, 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 thePublic 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 singerDavid Tao (Chinese:陶喆;pinyin:Tao Zhe), where before the input ofzhe became supported on computers, many media sources often rendered his name as Tao Jiji 陶吉吉, using twoji in place of thezhe 喆.)[10]

Zhao C

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Zhao C (Chinese:赵C;pinyin:Zhào C) is a well-known example, having attracted much media attention[11][12] due to a bizarre case regarding a forced name change by the government due to naming regulations. This case is the first of name rights in the People's Republic of China.[13] Zhao, whose personal name is theLatin alphabet letterC, could no longer use his name, as the government does not accept Latin characters in Chinese names, and the Latin character "C" is part of the national standard for "numbers and symbols" of the People's Republic of China.[14] The 22-year-old man, having used the given name "C" for his entire life, was refused the right to continue using his name when he was required to update hisID card to a second-generation version.[15][16] The localPublic Security Bureau informed him that his name violated the rules, and that their computers were not equipped to handle non-standard characters.[17] He sued the bureau, and, though he won his initial case, the bureau appealed, and Zhao settled out of court, agreeing to change his name.[10][18][19]

Wang "At"

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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.[20][21] 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".[22][23]

Other

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  • Xin Ge (辛) – A man with a given name meaning "satisfactory" and "fine" also had difficulty in the registering of his name due to an unsupported character, until his name was added to the system in 2006.[24][25]

See also

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Notes

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  1. ^The character which appears on the ID card is aSimplified 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 blockCJK Unified Ideographs Extension G.

References

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  1. ^ab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. Retrieved2023-05-29.
  6. ^"China Bans 'Extreme' Islamic Baby Names Among Xinjiang's Uyghurs".Radio Free Asia. Retrieved2023-05-29.
  7. ^"China sets rules on beards, veils to combat extremism in Xinjiang".Reuters. 2017-03-30. Retrieved2023-05-29.
  8. ^"Living with an obscure name".Danwei.org. December 27, 2008. Archived fromthe original on 2009-04-24.
  9. ^"最雷姓名!"马马马马"".leitie.com. Archived fromthe original on 2009-04-22. Retrieved2020-12-14.
  10. ^abLaFraniere, Sharon (21 April 2009)."Name Not on Our List? Change It, China Says".The New York Times. Retrieved21 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 fromthe 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 fromthe 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 fromthe original on 2010-07-15.
  18. ^"赵C姓名权"案二审判其改名 案件引发的思考Archived April 21, 2009, at theWayback Machine
  19. ^双方达成和解 赵C还得改名
  20. ^Martinsen, Joel (August 20, 2007)."Problems with crazy characters".Danwei. Archived fromthe original on 2009-04-21.
  21. ^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 (in Chinese). 2006-12-18. Archived fromthe original on 2015-02-15.
  22. ^汉语公布171新词.The Beijing News (in Chinese). 2007-08-17. Archived fromthe original on 2009-04-21.
  23. ^父亲喜欢新事物 儿子取名叫"@".Beijing Evening News (in Chinese). 2004-10-12. Archived fromthe original on 2004-11-07.
  24. ^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.
  25. ^"Acceptance comes for obscure characters".Danwei.org. September 28, 2006. Archived fromthe original on 2009-05-07.

External links

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