论作为自己决定权的姓名权——以赵C姓名权案为切入点

The Right to Name,As One of the Rights to Self-Determination:An Analysis of ZHAO C Case

在赵C姓名权案中,赵C据以对抗国家公权力干涉的姓名权,不是作为普通民事权利的姓名权,只能是作为宪法基本权利的姓名权,它属于自己决定权的范畴。自己决定权是指公民对于与个人人格意义上的生存密切相关的私人事项,在不受公权力介入、干涉的情形下可由个人自律决定的自由。公权力在对姓名权在内的自己决定权进行限制时,必须遵循法律保留原则和比例原则,尤其需要注意对公共利益的界定。

The right to name, which ZHAO C used to defend from the intervention by the State public power, is not an ordinary civil right, but a constitutional fundamental right. It is one of the rights to self - determination. The rights to self - determination means that freedom that a person may decide by himself what concerns his something private that closed with his personality, without the arbitrary intervention by the State public power. The State public power ought to abide by the principle of reservation of law and proportionality, especially pays attention to how to define the public interest, when it restricts the rights to self - deter- mination including the right to name.