Behind the "Post-2020s" Classical-Style Naming Trend: An Analysis of Legal Risks in Name Rights, Rare Characters, and Name Changes
Lead: From "Zihan" to "Xiuqi" — The Legal Undercurrents Beneath the Evolution of Names
In the fall of 2026, the first batch of "post-2020s" primary school students will step onto campus, and the names on the class rosters will have quietly changed. Once dominate-the-screen names like "Zihan" and "Zixuan" are gradually receding, replaced by classic-style names drawn from poetry and ancient texts, such as "Qingyue," "Shuoyan," and "Xiuqi." According to a survey by the Naming Culture Research Center at Beijing Language and Culture University, names inspired by poetry and literary allusions now account for 38.7% of new students.
A name is not merely a cultural symbol—it also involves a series of legal issues, including the right to name, household registration, and document processing. As a practicing lawyer in Shenzhen, I can see that behind this new wave of naming trends lie legal risks and procedural obstacles that parents may overlook. This article examines the naming phenomenon of the "post-2020s" generation from a legal perspective and offers practical advice for parents.
The Right to a Name Is Not Absolute Freedom: Legal Boundaries for Naming
Article 1012 of the Civil Code of the People's Republic of China stipulates that natural persons enjoy the right to a name and have the right to determine, use, change, or permit others to use their own names in accordance with the law, provided that they do not violate public order and good morals. This means that parents are not entirely free to choose names for their children as they please.
The Ministry of Public Security's "Notice on Issues Concerning the Implementation of the Resident Identity Card Law of the People's Republic of China" and local household registration regulations impose specific restrictions on name registration: first, names shall use Chinese characters from the "Universal Standard Chinese Character Table"; traditional characters, variant characters, and self-created characters are generally not accepted; second, names shall not contain content that damages national dignity, violates ethnic customs, or is likely to cause misunderstanding or ambiguity.
As an immigrant city, Shenzhen sees parents often blending diverse cultural influences when naming their children. However, note that if registering a birth in Shenzhen, the characters used in the name must comply with national standards. For example, certain classical-style names using uncommon variant characters may be rejected at the household registration window. Lawyers advise that parents should consult the *Table of General Standard Chinese Characters* before naming to ensure every character can be properly processed by the public security system.
Real-world difficulties caused by rare characters: a chain reaction from official documents to daily life
News reports specifically remind people to "try to avoid uncommon characters in names," which is by no means an unfounded concern. As a lawyer who has handled numerous name disputes, I know well that uncommon characters can lead to a series of legal and daily-life problems.
First, during the document processing stage, systems used by banks, railways, civil aviation, social security, and other agencies are often developed based on standard character libraries, and rare Chinese characters may prevent information from being entered correctly. There was a case in Shenzhen where parents applying for a passport for their child were asked to provide proof of character creation because the name contained a rare character, and their trip was nearly delayed.
Secondly, in judicial practice, names containing rare characters may lead to failure in real-name authentication, affecting a child's future ability to sign contracts, open accounts, or even participate in litigation. For example, in an inheritance dispute, a party was unable to inquire into the deceased's deposits because their name appeared as "?" in the bank system, and the matter was ultimately resolved only through notarization and a court investigation order, which was time-consuming and laborious.
What makes it even more difficult is that even if the parents regret the choice and wish to change the name, the procedure is far from simple. According to the Notice on Issues Concerning the Implementation of the Resident Identity Card Law of the People's Republic of China, a name change for a minor requires the consent of both parents and a written application submitted to the local police station with jurisdiction over the household registration. Public security authorities in Shenzhen typically require a certificate from the school or a certificate of no criminal record. Moreover, after the name change, all original documents must be reissued, which may affect the student registration information, medical insurance records, and other related matters.
Declining Rates of Identical Names and the Commercialization of Personal Names: A New Dimension of Legal Risk
Although classical-style names reduce the rate of duplicate names, unique names may bring another type of risk—conflicts with well-known figures, trademarks, or corporate names. For example, if a child is named "Shang Hao" and later engages in commercial activities, there may be potential conflicts with existing trademark rights.
According to Article 1017 of the Civil Code, pen names, stage names, online names, and similar designations that have a certain degree of social recognition and, when used by others, are sufficient to cause public confusion, shall be protected by reference to the provisions on the right to name. However, the commercial use of ordinary names shall still comply with the provisions of the Trademark Law. If parents intend to apply for trademark registration of their child's name, they must be careful not to infringe upon the legitimate rights and interests of prior rights holders.
In practice, I once met an entrepreneur in Shenzhen who wanted to register a company under his own name, only to find that the name had already been registered as a trademark by someone else, leaving him no choice but to select a different trade name. For parents of children born in the 2020s, if they have commercial plans for their child's future, it is advisable to conduct a preliminary trademark search when choosing a name, so as to avoid the cost of rights enforcement down the road.
Practical Key Points for Exercising the Right to Name Change: Three Conditions Parents Need to Know
If parents are dissatisfied with a registered name, or if a child wishes to change their own name upon reaching adulthood, statutory conditions must be satisfied. Pursuant to Article 1012 of the Civil Code and various local household registration regulations, a name change requires legitimate reasons, typically including: the name contains rare characters, violates public order and good customs, or family relationships have changed due to adoption or divorce.
In Shenzhen, the name change process is relatively standardized: applicants must go to the local police station of their household registration and fill out the "Application Form for Name Change," providing their ID card, household register, and proof of the reason. For minors born after 2020, both parents must also be present to sign. If the child has reached the age of 10, their consent is required; if they have reached the age of 18, they may apply on their own.
However, it should be noted that changing one's name is not an "unlimited right." In practice, frequent name changes may be flagged by the public security system and affect one's credit record. Lawyers advise that parents should thoroughly consider all factors at the time of naming to avoid future complications from following trends or acting on impulse.
Conclusion: A name is culture, but above all, it is a legal document.
Names styled after ancient aesthetics for the "post-2020s" generation reflect parents' return to traditional culture, which is a positive development, but legal boundaries must not be overlooked. A name accompanies a person throughout life, serving both as a personal identifier and as a symbol of the individual as a subject in legal acts. As a lawyer in Shenzhen, I suggest that when naming their children, parents should proceed from the perspective of legal compliance, balancing cultural significance with practical convenience.
If you encounter name registration rejection, difficulties applying for a name change, or name rights disputes, you may consult a professional lawyer. Guangdong Zhiming Law Firm has in-depth expertise in the areas of marriage and family law and personal status rights, and can provide Shenzhen families with name rights protection, household registration consultation, and dispute resolution services. A name may be small, but it concerns every aspect of legal rights and interests. Handle it with care so that your child can get a head start in life.
