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🏛 | A series of questions to Minister Tamayo Marukawa, who opposes the married couple's surname. "Isn't the contradiction stuffy?" Citizens' groups point out


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A series of questions to Minister Tamayo Marukawa, who opposes the married couple's surname. "Doesn't the contradiction make you suffocate?" Citizens' groups point out

 
If you write the contents roughly
"There is no country in the world that requires the same surname for married couples other than Japan, and the need to mix and" use the two names "is not understood at all overseas.
 

Mr. Tamayo Marukawa, who became the Minister of Gender Equality, has signed a document of volunteers of the LDP members who oppose the selective marital surname system ... → Continue reading

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Family name by couple

Family name by couple(Fufussei), orMr. and Mrs.What is (Fufubetsu / Fufubetsuuji)?Husband and wife marriageEven after that, I did not change my surname legally, and before I got marriedLast name(Mr,Name,Last name) Marriage and family form or such a system[1].

In contrast,婚姻Marriage and family forms that sometimes unify the surnames of both parties, or the system therefor.Marriage surname"(Fufuseisei) or"Husband and wife"(Fufudouushi / Fufudouuji).A system that allows you to select a married couple's surname or same surname,Selective surname by couple"(Sentaku Kyufu Fubessei), or "Selective couple"(Sentakukifufufubetsu / Sentakukifufubetsuuji)[2]..It is easy to be confused, but "Nickname used(Under the same surname system for married couples, the family register's surname is changed and the maiden name is used for work.[3]) And the meaning is different[4].

Overview

the term

In general, in pre-modern Japan, the "last name" when it is said to be a married couple's surname is Hira (Ason), Gen (Ason), etc. (Chinese law), and the "Mr." in the current Japanese law is the "last name" of Oda, Tokugawa, etc. (Japanese law) (#Historical history)[5]..However, historically, names, surnames, surnames, and surnames that have different meanings are often treated synonymously in modern times.[6]..Since Japanese law uses "Mr." (Uji), there is a tendency to use "Mr. and Mrs. Uji" in legal discussions.[7][Page number required]..In the revision of the Civil Code in 22, it was claimed that "surname" was a non-familyist concept, but there was no support and "Mr." was maintained.[8]Focusing on, I dare to prefer the word "married couple's surname"[9]While some historians, the legal term should be used from the standpoint that he cannot be admitted to be antisocial.[10].

This section is "Married couple's surname[11]Although it is introduced to scholars under the name of "," in the text, unless the original notation is respected, the legal discussion should be unified with "Mr." Used in the sense of (provisional).

Regarding the surname (Mr.) by selective couple, on the Ministry of Justice website, "Selective couple by couple"MrSystem (so-called selective marital surname system)[12]", But" the surname selection system for each couple[13][Page number required]"Selection system by couple[14][Page number required]"Selective couple same-surname[15]"Same-surname marriage selection system[16]Notations such as "" are also proposed.

In addition, non-legal marriage under the current system is called a married couple's surname.[17][18][Page number required]There are times, but in this sectionCommon-law marriageUnify with.

Where the problem is

Japanese Civil Code750 article(Mr. couple)

  • The couple refers to the husband or wife as specified at the time of marriage.

Family Registration Law Article 74

  • A person who intends to marry must state the matters on the left in the notification and notify that fact.
    • XNUMX. Mr. and Mrs.
    • D. Other matters specified by the Ordinance of the Ministry of Justice

The exception isInternational marriageLimited to.However

  • (XNUMX) Because the "husband or wife" cannot call herselfidentityRisk of loss
  • (XNUMX) There is a risk of indirect discrimination because the wife changes the name by convention.
  • (XNUMX) Even if Mr. Kai is accepted, the procedure is complicated and costly, and there may be disadvantages in terms of work.[19]

For such reasons, the introduction of a system that allows the marriage of another person to be selected is being considered, and a lawsuit has been filed.[20][21][22][21][23].

On the other hand, "Even if it is introduced, the problem (XNUMX) remains unless another person is selected, and the proponents insist on respect for diversity but do not consider the interests of the couple who select him. There is also skepticism that it may be nothing more than an indirect coercion of Mr. and Mrs. Betsu against the background of a specific ideology. "[24][25]Opinion that another problem will occur, Mr. Parent and Child[26]AndExpanded use of maiden nameIs wise[27], It is better to be able to change the name easily and quickly[28]There are also claims such as.In addition, there is a theory that some kind of institutional improvement is necessary even in the negative theory.[29], The theory that even in the promotion theory, if there is an introduction of the selection system, it will not be a final solution[30]There is.#Pros and consreference.

In the past, some countries had similar legal systems, but as a result of the amendment[20][31][32][33]As of 2018, Japan said, "As far as the Ministry of Justice knows, there is no country other than Japan that currently adopts a husband and wife system in which one of the couples must be selected after marriage." (Remarks by the Director of the Civil Affairs Bureau of the Ministry of Justice, Legal Committee of the 196th House of Representatives)[34].

International marriage

Family Registration Law Article 107

  • 2. When a person who has married a foreigner intends to change him to the name of his spouse, he / she will not obtain the permission of the family court within six months from the date of marriage. Then, you can notify that fact.

General law regarding application of lawAs a result, Article 750 of the Civil Code does not apply to foreigners and they become married couples.Family register lawIf you make the above notification, you will become the same person under the Family Register Act (Mr. by principle, Mr. Exception).In family register practice, "Mr. on the family register"When"Mr. Civil Code"Is operated separately, but the former becomes the legal name (real name).Another case where the two are in conflict is when they continue to give their names as married or married without returning to the old man at the time of divorce or adoption (Marriage sequel, Sequel to Mr. En[35][36].

Nickname used

Depending on the workplace / occupationmaiden name(Mr.)Popular nameIs allowed for convenience. Introduced for the first time at Fuji Xerox in 1988, even as a national civil servant2001Came to be recognized from[37].

As of 2010, 192% of 55.7 companies have introduced the system, and 1% of companies with 71.8 or more employees (according to Sanro Research Institute).[38]..According to a government survey, less than half of all companies allow the use of maiden names.[39].

However, managing the two names puts a heavy burden on the company.[40][41], Because there are many workplaces that do not admit[42],#Law name common name lawsuitIs often done.

In addition, it is generally inconvenient for employees to use the double name properly, and there are still problems such as not being able to use it for official documents because it is just a common name, and problems with identity.[42][43][44][45][44][46]..The maiden name cannot be used because the registration of officers, patent application, etc. are done by the person on the family register.[39]..Women who have inherited a corporation from their parents cannot afford to lose their own name, so they often give up marriage or have common-law marriages.[39].Maiden name #problemsreference.

Common-law marriage

Common-law marriage under current Japanese law婚姻Since it is not treated as a proof of family relations such as at the time of admission because it is difficult to recognize from the outside.[47]Spouse at the time of overseas assignmentvisaProblem of[48], Etc. in daily lifeinheritanceLegal and tax issues[49][50][50][51][47][52][53][54][48],成年 後 見Problem of[48]There is.Also, the child is on the family registerIllegitimate childTreated as (children outside the marriage)[51], AloneCustodyToParents share custodyCan't[50].De facto marriage # problems in de facto marriage"reference.

International public opinion

United NationsAdopted in 1979 by "Convention on the elimination of all forms of discrimination against girlsJapan signed in 1980 and ratified in 1985[55].

The provisions related to the Civil Code are as follows[56][42][57][58].

  • Article 16: The Contracting States shall take all appropriate measures to eliminate discrimination against girls in all matters relating to marriage and family relations, in particular ensuring the following on the basis of gender equality: To do.
    • (g) The same personal rights of the husband and wife (including the right to choose a surname and occupation).

United NationsCommittee on the Elimination of Discrimination against Women(CEDAW) says that the couple in the Japanese Civil Code are "discriminatory provisions" and recommends improvement.[59][20].

In this regard, individuals or groups whose rights have been infringed due to breach of the treaty can report to the Commission.Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against GirlsBecause Japan has not ratified[60], There is a move to ratify[61][60][62].

In addition,United States Department of StateThe annual report on the human rights situation in 199 countries and regions around the world has continued to refer to Japan's civil code provisions since the 2015 edition.[63][64][65][66][67].

Civil Code Amendment

1994 "Draft Amendment to the Civil Code on Marriage System, etc."[68], 1996 Amendment to the Civil Code of the Legislative Council Report[69], Bipartisan opposition andKomeitoProposals presented in 2015, etc., Proposals presented by plaintiffs in selective marital proceedings,LDP内 のA meeting to realize an exceptional surname of a married coupleThere is a proposal proposed by[70].

1994 draft outline

In 1994Ministry of JusticeCivil Affairs BureauThe counselor's office presented three proposals as "drafts of the Civil Code Amendment for Marriage System, etc."[68][23].

Plan A
  • The couple refers to the husband or wife as specified at the time of marriage.However, it is possible not to make this provision (in principle, he, with exceptions).
  • Besshi coupleAt the time of marriageTo the husband or wife,The child callsShall be defined as
  • After the envy, the married couple shall be able to refer to the husband or wife by making a notification pursuant to the Family Registration Act.
Plan B
  • A couple may refer to their husband or wife as stipulated at the time of marriage (By principle, He can be referred to only if a special agreement is reached at the time of marriage).
  • Neither the conversion from another married couple to another married couple nor the conversion from another married couple to another married couple after marriage is permitted.
  • The child of the Besshi coupleParents' consultation at birthDetermined by
Plan C
  • A married couple shall refer to the husband or wife of the wife, as provided for in the marriage.
  • A husband or wife who has changed his name due to marriage will obtain the consent of the other party, and at the same time as the notification of the marriage, the notification will be made in accordance with the Family Registration Law.Self-nameAnd can be.
  • A husband or wife whose predecessor name is his or her own name may be abolished by giving notification under the Family Registration Law.
criticism

Japan Federation of Bar AssociationsCriticizes that Plans A and B are based on either Mr. or Mr. Betsu, but should not be superior or inferior.[70].. He criticizes Plan C that his two-tier system is confusing and practically unequal.[70]..Supports Plan B for Mr. Ko[70]However, if the consultation is not reached or cannot be discussed, it should be decided by the referee of the family court.[70].

Later, in the 1996 report of the Legislative Council, a draft outline was created that was eclectic with Plan B by modifying Plan A, which allows applicants to have another person, while maintaining the framework of the current system. Was done[23][55][71]..In April 2002, the Ministry of Justice presented a plan similar to Plan A.[72].

1996 Legal Council Report

United NationsOf 1975International Women's YearThe international movement to promote the protection of women's rights, which started in 1985, and ratified Japan in XNUMXConvention on the Elimination of Discrimination against WomenIn 1991, Japan wasGender equalityWhile formulating a domestic action plan to promote measures,Legal councilInFamily lawStarted the review work of[73].

The Legislative Council has been deliberated over five years, and in February 5 after two interim reports in 1992 and 1995 and the announcement of a draft tentative plan in 2.Minister of JusticeLegislative Council, which is an advisory body to the Ministry of Justice, reported to the Minister of Justice on the outline of the proposed amendment to the Civil Code, including the revision of family law.[73].

The main contents are as follows[73].

Marriage age unification was established in 2018 (2022(Reiwa4 years)May 4Enforcement)[74], To shorten the remarriage ban period (Remarriage Prohibition Period LitigationSupreme CourtUnconstitutional rulingBy) 2015May 12Carried out on[75], Abolition of inheritance discrimination for children born out of wedlock was realized in 2013 (due to the Supreme Court's unconstitutional ruling)[76][77].

Regarding Mr. and Mrs. Selective Married Couples

  • People's demands against the backdrop of diversifying values
  • Personal dignityFrom the perspective ofPersonalityProfit should be protected legally
  • Married couples are already allowed in various countries around the world, and do not violate the essence and philosophy of marital / parent-child relationships.

Insisted[23].

Final Report (1996)

After deliberation by the Legislative Council Status Law Subcommittee established in January 1991, the Legislative Council submitted a draft amendment to the Civil Code in a 1 report.Minister of JusticePresented to[69][23][78].

  • The couple may refer to the husband or wife, or, as prescribed at the time of marriage.Mr. before marriage of each personShall be referred to.
  • When a couple decides to name their premarital name, the couple shall refer to the husband or wife at the time of marriage.The child callsShall be defined as

Ministry of Justice November 2001[72], October 2010[79]Also re-presents a similar plan.

In line with this deliberation, the civil administration councilFamily registerAlso reported to the Minister of Justice regarding "handling of".

  • The family register will be edited for each couple and each child who shares the same name with one or both.
  • The name shall be listed in the order of the person who names the person specified as the name of the child and his / her spouse.
  • For the family register, enter the name in the column where the name is entered in the current family register.

Respecting the advantages of the current system that can grasp the parent-child / inheritance relationship in a list, the standard unit for family register compilation of couples and parents and children was maintained.[80].

Bipartisan Opposition/Komeito

Since the report of the Legislative Council, the opposition has been bipartisan and has been submitting civil code amendments almost every session, but it has been repeatedly abolished and resubmitted without deliberation.[81][82][83]("#chronologySee). OtherKomeitoAlso submitted the amendment alone in 2001[84].Democratic PartyIn 2015,Social Democratic Party,Japan Communist PartyIn collaboration withHouse of CouncilorsThe proposal submitted to[85][86].

Almost the same content as the previous plan[72]However, further recommendations from the Japan Federation of Bar Associations[70]Along with.

  • A couple shall refer to their husband or wife, or their pre-marriage, as provided for when they marry.
  • Husbands or wives who have changed their name by marriage before the enforcement of the revised law shall, based on the agreement with their spouse, notify by separate law within two years from the date of enforcement of the revised law, only during the marriage. , Can be restored to his premarital status.
  • The child of the Besshi coupleAt birthShall refer to the father's or mother's stipulated in the parent's consultation.
  • Provided, however, that if the consultation cannot be reached or if the consultation cannot be conducted, the family court may, at the request of the father or mother, make a judgment on behalf of the consultation.

In 2018,Constitutional Democratic Party,National Democratic Party,Independent society,Japanese Communist Party,Liberal party,Social Democratic PartyThe same applies to the proposals submitted by the five opposition parties and one parliamentary group.[87].KomeitoWas submitted in 2001 by the same content[84].

Selective couple's plan by revision of family register law

In the January 2018 proceedings against the country, the plaintiffsMarriage sequelWith the system in mind, the Family Register Act should be revised so that the "Mr. on the Family Register" and the "Mr. Claim[88][89][90][91][92].. Specifically, the plaintiffs argue that the following articles can be added to the family register law to realize selective surnames for married couples without amending the Civil Code.[92].

  • A person who has changed his name due to marriage and wants to say the person who had said before the marriage must state the date of marriage in the notification and notify that effect.

Regarding the proposal, in 2019National Democratic PartyRepresentativeYuichiro TamakiHowever, he has expressed his intention to amend the Family Register Act so that he can choose another person even when Japanese people get married.[93][94].

Family court permit system separate bill

Established on July 2002, 7,Seiko NodaBy some members of the Liberal Democratic PartyA meeting to realize an exceptional surname of a married coupleProposed by.When there are special reasons such as workplace circumstances or the need for ancestral ritualsFamily courtIt is a plan to approve with the permission of.It was submitted to the Liberal Democratic Party's Legal Subcommittee as an act of parliament, but the submission to the Diet was postponed without reaching an agreement within the party.[95][96][97][97][98][99].

  • If it is necessary to name each person before marriage even after marriage due to work life circumstances, presidency of ancestral rituals, or other reasons, permission from the family court to become a separate couple can be obtained.
  • In principleThe change from another Mr. and Mrs. Couple to the same Mr. and Mrs. The opposite is not accepted.
  • The married couple decides "the person the child should call" at the time of marriage[95].
criticism

The Asahi Shimbun is a compromise to persuade strong opponents[100]Introducing criticism that requiring family court permission other than bisexual agreement may lead to unconstitutional discrimination, occupational discrimination and revival of the family system.[101].

Other plans

Former name surname system (1997)

Liberal Democratic Party / Socialist Party / PRESTO Administration's 1997 Liberal Democratic Party Legal Subcommittee "Family Law Subcommittee" (Chair:Hironori Nonaka) As a plan considered by[102][72][103]There is.If you notify with the consent of your spouse, you will be able to use your maiden name in all aspects of social life.[102][103][104].

Masako OhwakiThe reason why the bill was not submitted was that 20 supporters were needed, and the LDP had "3, 2, 1 rules" in its own administration, and 10 of them were needed, but they were not available. , Liberal Democratic Party backReligiousHe mentioned that there were many countersignatures from the group.[103].

A statement by the chairman of the Japan Federation of Bar Associations criticized that if he was virtually the same as the selective couple, he would not have to stick to his family register coercion, and Mr. Duplex would cause social turmoil.[105].

Exceptional couple's proposal (2001)

In 2001 the Ministry of JusticeProposal for legal reviewThe same proposal as above was resubmitted and was postponed, so the following April 2002Summary planThe same "exceptional couple's surname plan" as Plan A was presented.This plan has also been put off[72].

Legalization plan for the use of common names (2002/2020)

Opposition to Selective Married Couples in 2002Sanae TakaichiBy Seiko Noda et al.Family Court Permit Marriage PlanWas argued within the Liberal Democratic Party, he insisted on "legalizing the use of popular names" as a "countermeasure".[103]..Takaichi resubmits the same proposal to the LDP Legal Committee in 2020[106]..This plan has the following contents[107].

  • Indicate in the family register that "the person before marriage will be used as a common name."
  • The state, local governments, businesses, and all public and private organizations are obliged to take steps to "combined" the premarital name, which is commonly used.

Mayumi MoriyamaThe Minister of Justice was negative, saying, "If one person officially uses two names, it can be confusing and used for crime."[103].

Japan Restoration Party Manifest (2019)

2019 years,Japan Restoration PartyHas stated in the House of Councilors election promise (manifest) that "general legal effect on the use of maiden names while maintaining the principle of the same family register and the same person"[108][109].

Premarital name continuation system (2020)

Apart from the ideological problem, in 2020 from the perspective of relief for those who want to continue using the old manTomomi InadaA private proposal proposed by.The family register is the same, for example, even if the first person is a husband, if the wife reports that he will use the old man, he will clearly state in the family register so that he can continue to use only the old man publicly, and the family name is a private scene. Use in[110]..Inada proposed at the House of Representatives Legal Committee on November 2020, 11 that he would be able to use his former man if he filed a notification within three months.[111][112]..The following changes have been made[113].

  • Article 750, Paragraph 2 of the Civil Code "A husband or wife who has changed his / her name pursuant to the provisions of the preceding paragraph may refer to his / her pre-marriage name by notifying him / her within three months from the date of marriage pursuant to the provisions of the Family Register Act." Newly established.
  • Article 74, Paragraph 2 of the Family Register Act "A person who intends to name a person before marriage pursuant to the provisions of Article 750, Paragraph 2 of the Civil Code must state the date of marriage in the notification form and notify that fact." Newly established.
Middle name proposal (2021)

The idea is to write the surnames of both husband and wife in the family name as middle names when they get married, and give legal grounds to the maiden name while keeping the same family name.Liberal Democratic PartyMasako MoriProposed by the Legal Committee of the House of Councilors in March 2021[114].

Related Civil Code Amendment

Same-sex marriage

In 2019, the bipartisan opposition will be the first in JapanSame-sex marriageSubmit a Marriage Equality Bill to the House of Representatives[115][116]..At the same time, a new and old comparison table for the selective couple bill is also shown.[115]..There is also a lawsuit seeking same-sex marriage[117], The first unconstitutional decision was made by the Sapporo District Court on March 2021, 3.[118].

Joint custody

Joint custodyThere is a movement to seek[119][120].

Creation theory, combined surname theory

Criticized that the choice system to stick to the maiden name was not reasonable,Marriage surnameAlso, we propose a system that includes married couple surnames.On the other hand, he introduces himself that there are counterarguments such as lack of reality and difficulty in realization, obsession with family names is outdated, and it is not possible to respond to various family forms.[121].

Historical background

Significance of historical theory

In relation to the current law, the Japanese tradition has been argued that it should not be changed because it is the same surname for married couples since ancient times. There is a strong insistence on the positive theory of selective married couples' surnames, which is merely a change to the above, and that admitting different surnames is more suitable for tradition.On the other handSatoshi Sakata (Historian)Criticizes that both theories are wrong, the former is ignoring history, and the latter is also a popular theory that confuses surname and surname (institutional introduction is acceptable).[122].

In addition, it is due to the belief that Mr. and Mrs. Betsu are progressive, and that in the early modern period is not a tradition that should be preserved due to the manifestation of male-dominated women's ideas, but while admitting that it is a progressive groupRevivalismThere is also criticism that it is self-contradiction to useTetsuya Miyazaki-Shuji Yagi-Atsushi Oyano, Opposition to introduction)[123]It is also argued that both pros and cons should be discussed separately from the current law amendment theory (Ofuji Osamu[124]).

On the other hand, he argues that it is indispensable to examine history from the standpoint of reflecting the socio-economy of each era.[125]There is also.

Ancient times

Yamato Imperial CourtThe name (Ujina) originally possessed by the ancient lords was officially recognized by the emperor, and some were newly given (Genhira Fuji Tachibana).In addition, a surname (kabane) indicating national status was given (Surname system).In the case of Soga no Umako, Soga's name (Ujina) and Minister's surname (Sogano Omi Umako)Kabane).When the Ritsuryo system was established in the Nara period, Kabane became a mere corpse and assimilated with the name (Ujina).Last nameBecame called (sei)[126].

All ordinary people (citizens) were identified by their family register, belonged to some large clan group, and had a family name (Common people, Hyakusei).That is, many common people appear as composers.Manyoshu』It is clear.Especially until the early Heian period, when the authority of the emperor was alive, it was highly valued.[127]..Since it was said that he would give his father's surname (patrilineal inheritance), it was not changed by marriage and was literally a married couple's surname.If you go back to your father's side, it shows that you are connected to the imperial family, and it is also claimed that the dimension is different from the surnames of later couples, which shows the connection with your parents' family (Sakata)[128].

However, as a unique feature different from China and South KoreaSame name unmarriedThere were many people who were given the same surname in a fictitious manner even if there was no taboo and no blood connection.[129](In principle, different surnames, exceptions to the same surname).

Late Heian to Early Medieval

As the emperor's power declined following the customs politics and cloister ruleNameOccurs[130].

Often as an example of a married couple's surname (Mr.) in the Middle AgesYoritomo GengenWife ofMasako HojoCan be mentioned (Hiroshi Iwata[131],Mizuho Fukushima[132],Noriko Mizuno[133], And many others[134][135]).

Minamoto no Yoritomo's wife was Masako Hojo, who was never called Masako Gen. ...... Ashikaga Yoshimasa's wife is Tomiko Hino ... Since ancient times, even if a woman got married and entered her husband's house, she did not abandon her birthplace's surname, and her wife became a husband's family as a person with a different surname. I have belonged.This practice was passed down through the samurai law until the first half of the Meiji era. — Hirofumi Idota, “Last Name and Name Searching for“ House ””, p. 144, 1986 (Showa 61)

However, as mentioned above, there are many criticisms and problems in citing the discussion of current law.

  • Masako Hojo

It is just a name for the convenience of posterity, and the fact that it was actually named has not been confirmed.[136].

  • Personal name composition

Even my father's TokimasaHojo ToseiI don't call myself.The official name (= the name given to the emperor) is the surname +real name"Hiracho Ason Tokimasa", usually surname +Popular name"Hojo Shiro"[137].

  • The nature of the surname

"Hojo" has a strong character of being a private name of Tokisei.Akira KatoAccording to generationsHojoAlmost never claims to be.For example, so-calledHojo Tokunein the case of,Childhood→ "Taro Sagami" (Sagami Mamoru OfLegitimate manMeaning) → It is the official title[138]..The surname at that time was used only for that generation, and was not the name of a permanent organization (family name) inherited from generation to generation.[139].

  • Real name nature

"Masako" is諱Therefore, women at that time rarely give their names to the outside world.The name of Girls' Generation is unknown[140]..The practice of avoiding real names is widespread in various ethnic groups and remains in modern Japan, but the second shogun.Source sourceEven at this time, the fact that he called the real name of the Hojo Ichimon left a stigma.Taboo of the abomination nameWas strong and it was difficult to record[141].DefeatThe name in is "Second placeTono "[142].

  • Difference between surname and surname

Hojo is the surname and the source is the surname, and the surname cannot be changed to Genji by marriage (excluding the son-in-law who will be described later).Even in the Middle Ages when there was no family registration and it was easy to change the nameHideyoshi HashibaCannot change the family name without permission,Maehisa Konoe OfnephewbecomeMr. Fujiwara OfFamily nameBy gettingKanpakuI was able to[143].

  • Difference between surname and Mr.

Itoda also clearly states that the "last name" at that time and the "Mr." today are different.[144].

  • Wife's attribution

There is also disagreement with the view that his wife was treated as a stranger in a married family as a "person of a different surname."The wife at that time emerged as a major member of the married family when she became a "back family," and inherited the property and absolute patriarchal rights of her late husband.TerritoryIt was not uncommon to lead that relative as[145].

Late Middle Ages

The split inheritance in the Kamakura period shifted to a single inheritance in the Northern and Southern Dynasties.Family,Family businessA permanent "house" that inherits such things is established.The surname became a family name and was inherited from generation to generation (Last name)[146].

CustomsHowever, the positive wife came to be recognized as a member of the married family, and was called by the surname of the married family + the social name of the wife (example:Kujo HisatsuneDaughter of,Nijo TadafusaSeishitsu Keiko =NijoNorth government office,Fushimi-no-miya SadaatsuDaughter of,Nijo HaruyoshiSeishitsu = Nijo Kitaseisho).In other words, according to the couple's surnameThe same surname of the coupleMet.Ashikaga YoshimasaRoomTomiko HinoSome commentators give an example of a married couple's surname (Mr.), but there is no fact that he actually gave his name, and the surname + 諱 "Fujiwara Tomiko" is the official name (more accurately, Fujiwara Ason Tomiko).[147]), There is no reason to call himself Mr. Hino after marriage from the conventional wisdom at that time, and he criticizes it as a misunderstanding of posterity that confused the surname and surname.[148].

Hosokawa GarashaIs my parents' houseMr. AkechiOf a married familyMr. HosokawaSince he is also a Genji, he has the same surname as the couple, but regarding the surname, Kumagai Kaisaku wrote that he seemed to refer to Hosokawa Gracia as a Christian.[149].. "Akechi Garashia[150]Some scholars take the notation.

In the case of ordinary people who do not have a surname, the surnames of married couples in the early Middle Ages became the mainstream in the latter half of the Middle Ages, but (non-Christians)[151]) Women rarely used surnames[152].

For example, according to the materials left at Tanba Kuniyama Kokuso in 1471 (3rd year of Bunmei), the case where the Eguchi family in Idomura wrote "Eguchi Sayado Senzenmon, Domyouju Zennen Married Couple" at Bodaiji Temple, 1528 ( In 8 (1545th year of Astronomy), Tsurunobei of the same village, in the case of a couple of a princess and Bomata Jiro signing a letter of concession to give their daughter a rice field at a house in Shimokuroda village in Edago, Daiei. It has been confirmed that Jiro handed over the forest to his sister, "Imoto Saima," who married the Imoto family, and it has been demonstrated that the couple was common at least there.[153].

Tadashi Sakata argues that the tradition of the couple is longer than the 100 years after the Meiji era, as claimed by Hirofumi Idota, but it cannot be said to be a long-standing tradition, and it is about 500 to 600 years at most. Are[154].

Female inheritance of surname

According to one theoryHideyoshi ToyotomiOriginally did not have a surname,Son-in-lawRenamed to Yuhisa Kinoshita in the name ofSugihara SadatoshiDaughter ofOneIt is said that he came to call himself "Kinoshita Toyotomi Hideyoshi" by marrying[155].

In addition, pleaseFirst placeWhen he was promoted to, he received the name "Toyotomi Yoshiko" from the imperial court (Kodaijidocuments)[156].

Edo period

In the early modern period (Edo period), it is said that the use of surnames and surnames (Mr.) was prohibited except for some people (common people) (the ban in 1801 (the first year of Kyowa)). To be precise, as an easy means of financingFamily name swordIt is pointed out that it was only forbidden by the "lord / Jito" to forgive[157].

The distinction between surname and surname became ambiguous and was often confused, but in the samurai class, the surname was used as a set with the real name in a formal place such as the awarding of a government office, and it was clearly distinguished from the surname.[158].

The wife is not clearly stipulated by the laws of the Shogunate.Customary lawWas entrusted to[159]I have no objection to that[160].

Regarding the custom, if he has a wife, the wife will call himself the birthplace, not the husband, but the husband and wife.[161][162]Is influentially claimed.

As an exampleAshi HigashiyamaMy wife's husband's imprisonment license has a signature of "Iizuka [Iizukacho]" (Izukacho) and the wife who married the Matsuo family.Many people(Tase) is HirataSinologyIt has been pointed out that the vows book when he entered the company was signed by his parents' family, "Taseko Matsuo, wife of Sajiemon Matsuo," and that there is a grave marker for Mr.[163]..It is also pointed out that the custom of "returning" to the graveyard of the parents' house after the death of his wife is widely distributed from Hokuriku to Tohoku.[164].

On the other hand, there are criticisms that the common people in the early modern period were not generally married couples because the Meiji government's temporary policy of married couples was dissatisfied with them (Sakata).[165].

In addition, there is a cautious argument that it is not possible to decide on one of the common customs because there are too few historical materials (Ofuji).[166].

As an example, the widow of a tradesman in Osaka, who became the heir of the middleman, often calls himself "○○ family", and even if it appears in the name of a woman, it is officially recognized for a very short period of time.[167]..Also, in the samurai, the priest of Qin WangCho Koran ReverenceHusband's in exerciseYanagawa SeiganThere is an example of giving the surname of (Inazu Nagasumi)[168].

However, it was rare for a wife to give herself, usually without having to give herself.[169]..Hirofumi Idota states that if the common people are allowed to name him for reasons such as roles, only boys, mainly the head of the family, can call him, and women have nothing to do with him (no name).[162].

In the past, the predominant theory was that ordinary people in the Edo period did not have a surname.Tomio HoraSince the 1952 study of XNUMX, many cases have been pointed out that ordinary people also used surnames.[170], It is confirmed that the common people in the early modern period also used the surname[171]..Itoda says that the common people had a person who was allowed a nominal name and a person who called himself privately.[162].

For example, according to the temple reconstruction service book in Sakakita Village, Higashichikuma District, Nagano Prefecture in 3 and 1783, all the farmers in the area had him.In addition, according to the list of 13 places in Nan'an County in the prefecture, most of the farmers in the region had him.The wife is described as "the same wife"[172]..At the end of the Edo periodIsamu Kondo,Toshizo HijikataThe Miyagawa and Hijikata families who producedTamaFarmer[173].

However, the surnames of the common people do not function very well as "family names", and the surnames of generations (such as "○ left and right gate" and "○ bei")NamePlayed an important significance[174][175].

Modern

October 1870, 10 (September 13, 3),ProclamationBycivilianAlso allowed to use[176]However, it did not penetrate.This is because the common people lacked that custom.[177].

In December 3, when he was appointed as a deputy officer, the former surname + real name such as Genhirafuji Tachibana was changed to the surname + real name, and in October of the following year, the official document was also written with the surname + real name. It was unified. In May 12 (Meiji 10), Saigo Yoshinosuke changed the policy to let all the people choose either their real name or their common name.Saigo TakamoriBecame[178].

March 1872, 3 (February 9, 5), Family Register Act (February 2, 1) for the purpose of grasping the current situation of the people for tax collection, conscription, security maintenance, etc.Family register) Enforcement[179].

Here, the surname or surname is registered as "Mr." and the common name or real name is registered as "First name".One person one person principlePrinciple established[180].

However, there was confusion such as some people changing their surnames from old times, and fathers, brothers, and younger brothers living together reporting different surnames.The administration side was also inconsistent, and even though the same family was ordered to have the same surname, there were cases where the wife reported it with the surname of her parents' family.[181].

The Daijo-kan decree on August 8 prohibits renaming and renaming.Although it was part of the common people's liberation policy, it caused a great deal of confusion for the common people who used the name of the family and the name of the house.[182](Relaxed by the Daijo-kan order eight years later[183]).

February 1875, 8 (Meiji 2)Prime Minister Proclamation No. 22So, I made it mandatory to use the surname because of the need for military interrogation.[176].

Prime Minister's Order

Regarding the treatment of the couple's surname, in order to ensure that the surname is mandatory, a new surname may be created at the time of marriage, adoption, divorce, etc. in the decree of the Daijo-kan in December 1875.[184].

However, since the wife's status is similar to that of her husband, it is reasonable to name her husband's family, but while the Ministry of Home Affairs asked the Daijo-kan to make an unprecedented decision, March 1876, 9 (Meiji 3). Daijo-kan Directive No. 17 says, "I'm going to marry a woman who is visiting me.Mr. ToshioInheriting the house of TadashiMr. husband”[176][185]Answered[176][186](Original text is old font katakana, the same applies below).It means that a wife who does not inherit her husband's house should use "Mr. Shosei", that is, Mr. Birthplace.However, if the wife inherits the husband's "house", the name of the "husband" will be referred to, and if the wife separates from the husband's house, the husband's name will be referred to.[187](Mr. by principle, Mr. Exception).

Regarding the reason why the Daijo-kan Legal Affairs Bureau rejected the claim of the Ministry of Interior, "My wife has a different status from her surname even if she follows her husband's status." Three points have been pointed out: "Ignore history"[188].

There was disagreement with this, and local government offices asked about it almost every year until just before the promulgation of the Meiji Civil Code, and in many years it reached five.It is a general local custom for a wife to refer to her husband's family, and even though it is rare to refer to her husband's family, if she sticks to the "Mr. Shosei" policy, she criticizes it as a source of confusion. Was done[189].

Later scholars often refer to women as husbands in private practice.[190], Pointed out that it did not change even after the Daijo-kan order.TokyoThen, it was reported that very few wives named their birthplace even after marriage.[191].

For that reason, Itoda was at the time of compiling the Meiji Civil Code, which will be described later.Kuniomi YokotaBased on the remarks of the committee members, Mr. and Mrs. Betsu in the early modern period are intended to clarify the "source" of his wife in a polygamy system in which the main room and the concubine live together.[192], "The belly is borrowed" is just a manifestation of the ideology of men and women. It is explained that Mr. and Mrs. Betsu, who are treated as strangers, felt uncomfortable.[193]..However, there are criticisms of this view as well, and the mother of a samurai family in the Edo period was "abnormally authoritative" over her son (All cock), So it is claimed that it was not a simple male-dominated woman ()Keiko Shiba)[194].

Regarding the treatment in the family register after the directive, there were many cases where the wife's name was not mentioned, but there were also cases where the birthplace's name was left behind.[195].

Draft Civil Code of Meiji 10/11

1877(Meiji 10) In September, the "Civil Code Draft Personnel Edition" was stipulated as follows.

Article 188

  • The woman can use her husband's surname

The drafterMinsaku Rinsho-Mutaguchi Renya, In reality, it is said that Minsaku was drafted independently, and the whole story will be completed the following year.[196].

Until around the 11th year of the Meiji era, the terms were not fixed, and the surname, surname, and surname were mixed in the law (unified by the Meiji Civil Code).[197].

The draft has a reputation as a direct translation of the French Civil Code.[198]However, since there was no provision for the couple at that time, this article is an original provision.[199].

Immediately overturning Mr. and Mrs. Betsu in the previous year's directive is a sign of the Meiji government's lack of confidence in "Mr."[200], What is in line with the custom of the common people at that time, "Mr. and Mrs.[201],inequalityTreaty revisionWith reference to the Christian couple theory[202], Etc.

The overall result is poor, and it is said that it fits the actual situation in Japan.Takaki OkiRejected because it did not meet the request of the Justice Lord[203].

Western legal affairs at that time

In France, what was overturned the following year after the 1793 Revolutionary Act liberalized his name and caused confusion (slightly relaxed in 1802), but took effect because the French Civil Code did not stipulate it. Keep,Mr. Immutable PrincipleHas been confirmed[204].

Due to the application of Buddhist law under the Napoleonic regime, the Dutch Civil Code of 1829 clarified unclear points in addition to the almost verbatim translation of the French Civil Code.[205]Then it is as follows.

Old Article 63 of the Dutch Civil Code

  • Not limited to any number of peopleChange your surnameOr to add another surname to your surnameDon't get(France11th year of republic"Zelminar" May 11th Law)

On the other hand, although it was also under the Napoleon systemCatholicIn 1865, Italy, which is strongly influenced by Italy, enacted the Civil Code with a slightly unique color.[206].

Article 1975 (Husband) before the 144 revision of the Italian Civil Code

  • The husband is the head of the family.The wife follows her husband's civil statusTake the name of her husband's houseAnd wherever the husband believes it is convenient to set the address, he has an obligation to accompany him.[207].

In other words, if the couple in the 10th year of the Meiji era modeled a foreign code, there is a possibility of the Italian Civil Code.[208].

However, even in France, the principle of immutability was only known to scholars and some intellectuals.[209]Since it was common for married wives to refer to their husbands, the revised law of 1893 (Meiji 26 in Japan) confirmed the custom, and the theory allowed married wives to use their husbands. I understand that it was[210].

Article 311 (currently Article 300)

  • 1.SeparationWaka is sentenced to his wife laterName the husbandForbidden to do so, or to allow it to be forgiven.If the husband adds his wife's name to his own, the wife will be required to request that the husband be prohibited from calling him.[211].

Article 299 (currently Article 264, Paragraph 1)

  • 2. Due to the effect of divorce, each spouse recovers his own name[212].

"When a husband adds his wife's name to his own,"ChampagneIt is a confirmation of some local customs[213].

Meanwhile, Germany (Holy Roman Empire) Since the Middle Ages, it has been a common practice for wives to refer to their husbands.TerritoryAlso depended on it[214].

Article 2013 of the Austrian Civil Code before the 93 revision

  • 1. The couple must refer to the same person.This is my husband's.However, it is also possible to define the wife's name as a common person.
  • 2. When the husband's name is a common name, the wife can postpone the maiden name[215].

However, at that time, there was almost no information on German law in Japan, and in the same yearNakae Chomin SaxonyIt was just a translation of the inheritance law[216].School of the Association of SciencesWas founded in 1883 (Meiji 16), but had no influence on the Civil Code.[217].

Old Civil Code First Draft

In January 1888 (Meiji 21), the first draft of the German Civil Code was completed.[218]..It was criticized that the old Civil Code did not refer to this draft, which was said to be the most progressive and rational at the time.[219].

Around OctoberToshizo KumanoThe former private corporation affairs draft was completed by the Japanese committee members.

Human Resources Article 38

  • 1. There are two types of marriage: ordinary marriage and special marriage
  • 2.In honor of the woman and her husbandWhen you obey yourself, you call it a normal marriage.
    • In the opposite caseSpecial marriageCloud
  • 3. Special marriage requires a clear intention of both parties
    • If there is any doubt about that intention, it is considered to be a normal marriage.

In foreign law, I mainly referred to the French-Italian Civil Code and also the draft Belgian Civil Code.[220]In the same article, the inheritance of his female descent by marriage is permitted, and the drafter Kumano also said, "It is not possible to distinguish between two types of marriage.Our country's customsBased on "("Civil Code Draft Personnel Edition Reasons』40), at least subjectively clearly based on Japanese customs (Kumagaya)[221].

There are criticisms of posterity that it is doubtful that such a custom was already established at that time (Kumagaya).[222]In fact, it is said that the common people's consciousness at that time was close to that of the couple (Itoda).[223].

Buddhist legal scholar in March 23Misao Inoue(Kansai Law SchoolCurrentKansai UniversityThe founder) also wrote on the draft, saying, "It depends on the old custom that marriage is usually done as two kinds of special cases. It is different from the old and modern examples to call the husband's husband. In ancient times, women are their parents' homes. I praise him, butSince the ShogunateActually, he named his husband, and even now he still refers to his husband and does not show his parents' family register.Therefore, I am not in a habit, but in fact, I am obedient to the current situation. "[224].

Old Civil Code Review Plan

Legal Interrogation CommitteeThe amendment plan is as follows[225].

Re-investigation Proposal Personnel Edition Article 342

  • 1. The owner is the head of the family, and the family is the spouse of the owner and the relatives in the family.
  • 2. The owner and his familyMr. houseTo name

23 article

  • 1. There are two types of marriage: ordinary marriage and special marriage
  • 2. When referring to a woman or husband and obeying their status, is this a normal marriage?The owner womanWhen you name him and obey his statusMarriageSo-called
  • 3. Marriage of a husband is required to express the intention of both parties. When the intention is expressed, it is regarded as a normal marriage.

Here, emphasizing that "husband's" became "house's" (Article 342), it seems that the draft is conservative.[226]Often.

On the other hand, it was not approved in the first draftFemale ownerAfter admitting[227], Despite criticism from local judges and prosecutors that special marriages should be abolished, he continues to allow his succession to women in the form of a married couple (Article 23).[228].

It is a unique feature of Japanese law that women can be exceptionally patriarchs.[229].

Article 1970 before the 213 revision of the French Civil Code

  • 1.Husband who is the chief of the familyHas the right to choose a home; the wife is obliged to live with her husband and the husband is obliged to accept the wife.[230].

Old civil law

October 1890 (Meiji 23), Senate examination, Emperor'sRoyal assentAfter the Civil Code (Old civil law)Family lawAnnounce[231].

Human Resources Article 243

  • 1. The owner is the head of the family, and the family is the spouse of the owner and the relatives and relatives in the family.
  • 2.The owner and the family refer to the family

Some posterity (1950s) scholars evaluate it as an epoch-making rule that abandoned Eastern principles and adopted Western marital ideas (). [232].

Article 258

  • MarriageIn the case of, the married husband will exercise his right on behalf of the owner.

In principle, the head of the husband is the head of the family, so the wife calls him, but only in the case of marriage, the husband stays at "the husband acts on behalf of the head" and the status of "head". Is nominally not replaced[233]In this case, the husband refers to his wife (Article 243, Paragraph 2 of the same).

This code isCivil Code ControversyHowever, the fact that the husband and wife's provisions were criticized by the postponement group has not been confirmed, and there is no change in the Meiji Civil Code.[234]..The family law part of the old Civil Code was established with considerable respect for customs, so unlike the Property Law, it was inherited by the Meiji Civil Code without any fundamental amendments.[235]BecauseMythical understanding.

Meiji Civil Law

In 1898 (31st year of Meiji)Meiji Civil LawThe family law part was promulgated and enforced, and the couple was legally confirmed.

Article 22 before revision in 746

  • The owner and the family refer to the name of the house

Code Study GroupAll the members support this (127th Code Study Group)[236].

It was specially said that a person who was called a wife by the order of the Ministry of the Interior or the Cabinet or something called a wife should refer to his birthplace even because of his marriage. That is inconvenient, butWifeOf course, the familyIt is okay to name the ownerI thought ... Even now, there are some officials who are saying Yahari, but I think that there is no reason to change her husband. .. — Hozumi Yatsuka
It is inconvenient for Ataka to say something ... Belonging to her husband's houseIt is natural to name the husband's house nameI think that the directive is ... I don't think that my husband is as powerful as his husband when it comes to the customary law of Japan today. — Masaaki Tomii
It's not customary for a wife to call her parents' family ...ChinaSomething inscription in the stylesourceThis is to make sure that ... I doubt that he will always call himself his parents' house ... In Japan, he actually calls himself his husband. — Kuniomi Yokota

Of the drafting committeeKenjiro UmeExplained that the purpose of unifying the latter was that the administrative practices of Chinese law and Japanese customs at that time were inconsistent.[237]..Of the committeeYoshito Okuda(Ei Gee Law SchoolCurrentChuo UniversityThe founder) also admitted that his wife had a custom of naming his birthplace, saying, "Because this custom is already virtually abolished, this law does not belong to the family exclusively by him, and is the same. Everything in the house requires the same name. "[238].

About his succession to women, it is as follows.

Article 788

  • 1. Wife enters husband's house due to marriage
  • 2. Marriage and marriageSon-in-lawEnters his wife's house

Normally, since "a wife enters her husband's house due to marriage" (Article 788, paragraph 1), in principle, the wife gives her husband's name (Article 746), but in addition to the marriage, the husband is the wife. To enter the house of, give his wife's name (Article 788, Paragraph 2, Article 746)[239].

Ume introduced that his wife would refer to her husband's name under the Civil Code of Switzerland, Austria, Italy and Germany (with the exception of Spain), although foreign examples are not particularly helpful, and are virtually the same even in the absence of a statement. Show understanding (146th Code Study Group), In Japan, it is explained that "in the case of marriage and adoption of a husband, it is natural that the husband should instead enter the wife's house".[240].

Article 161 before the revision of the Swiss Civil Code

  • 1. Wife acquires husband's surname and status[241].

Article 1976 before the revision of the German Civil Code in 1355

  • WifeHusband'sShall be referred to as[242].

Regarding the female owner who is the target of marriage, some Buddhist lawmakers have issued an amendment theory that does not allow it at all, but it is rejected, and it is permitted to continue when there is a manifestation of intention of both parties (Article 736) Was taken (127th Code Study Group)[243].

Relationship with German law

Some non-law scholars argue that the Japanese couple argued that the Civil Code of 31 imitated Germany ([244],Yuko Tanaka[245],Kazuo Yamaguchi[135]).

But,Imperial AssemblyAccording to the explanation to, Article 746 of the Meiji Civil Code is the same as Article 23, Paragraph 243 of the former Civil Code of 2, and there is no change in the purpose of the system (Reason for amendment of the Civil Code).

Law scholars argue that it was not the Meiji Civil Code but the revised Civil Code after the war that the German Civil Code must have been referred to for the couple.[246]..In terms of content, the Meiji Civil Code calls the name of "house" instead of "husband", so the husband may refer to his wife's house (Articles 788 and 746), and when he divorces, he leaves the house. While returning to the old man to "return to his parents' house" (Articles 739 and 746), under the German lawChristian Marital TheoryAgainst this background, he pointed out that there is a big difference that he will not return to his parents' house even if he divorces because he will leave his parents' house due to marriage and form a new "marriage".[247]are doing.

Incidentally,Prussian CodeThe influence of (1789) is negatively understood (Ume)[248].

Summary of historical theory

  • Sakata theory: The tradition of the same surname of married couples that occurred in the Middle Ages was inherited in detail and became apparent in the early Meiji era, and was confirmed by the Meiji Civil Code.
  • Itoda theory: The custom of the same surname of a married couple that occurred after the mandatory surname of a married couple in the early Meiji era was approved by the old Civil Code and confirmed by the Meiji Civil Code.
  • Kumagai theory: Various customs in the early Meiji era were unified by the couple in the first draft of the old Civil Code, and gradually became Japanese.Family systemConfirmed by the Meiji Civil Code while increasing the color of
  • Other XNUMX: The current law inherits the same surname of an ancient Japanese couple
  • Other XNUMX: The ancient Japanese couple's surname was forcibly amended by the Meiji Civil Code by imitating foreign law.

Postwar movement

Revised Civil Code / Family Register Act

After the war, in July 1946 (Showa 21), the Cabinet Extraordinary Legal Examination Committee and the Ministry of Justice Judicial Legislative Council began deliberations on the revision of the Civil Code.Regarding marriage, there were proposals for "wife to name her husband's name" and "to leave him to social customs", but in July of the following year, the final proposal was to name her husband or wife's name.[249].

Sakae Azuma-Zennosuke Nakagawa-Kenichi OkunoBy the drafting party

  • The initial GHQ had no fixed opinion on the Japanese family system
  • The couple both referred to the husband's name and did not object to the idea of ​​calling the wife's name when there was a manifestation of opposition.
  • While listening to the opinions of Japanese people, I changed to the opinion that only the third generation family register should be abolished, and that the couple should also be liberalized.
  • The appearance of the bill based on the principle of husband's marriageArticle 24 of the Constitution of JapanOkuno revised it to the current law because there was a female lieutenant who criticized it as a violation, but before that, the Japanese side had decided on a similar revision.
  • In Western countries at that time, including the United States, it was common for wives to refer to their husbands.

The circumstances such as are revealed[250].

The revised Civil Code was enacted in December 1947 and came into effect in January of the following year.He can now choose between a married couple, regardless of the form of his son's adopted child or married couple (Article 12).The person who changes the name becomes an indispensable formal requirement for notification (Family Register Act, Article 1, Paragraph 750).

Nakagawa, who had been a husband and wife scholar since before the war, also described and supported it as a reasonable compromise.[251].

The exclusion of the new law wasPatriarchal successive family systemHowever, it is not hard to say that the couple and their parents did not like to live a family life together.Rather, it was the guarantee of family life that was linked to the respect for basic human rights, and sought to protect it even more strongly than before.And the new law thought that he was the title of this married couple's family life community.[252]. — Zennosuke Nakagawa, Current Family Law Drafting Committee

At the same time, the revised Family Register Act came into effect.The family register isHeadAnd list the familyHomeFrom the registration ofIndividualIt changed to the registration of.However, it was clarified that the family register organization standard is a child who has the same name as a couple (Article 6 of the Family Register Act).[253]..Will it be completely dismantled with the aim of thorough individualism?Takeshima Kawashima), Japanese family register is convenientGHQSince he also admits, there is a conflict between the two principles of whether the minimum repair is required.It may be unreasonable to spend huge costs for ideological reasons, so we settled on a compromise.[254].

Movement until the 1980s

In July 1954, the Civil Code Subcommittee was established to review the revised Family Law, which was enacted immediately. In the "Temporary Decisions and Reservation Matters for Relatives in the Civil Code Subcommittee of the Legislative Council" published in 7-1955, "Should couples have different surnames?"[255].

Despite the institutional enforcement of gender equality, most couples continued to choose their husbands.This is not just a matter of consciousness, but because men have a higher employment rate, there was a social background that it was rational to maintain a husband who is susceptible to the change.Therefore, as women's social advancement progressed, it became necessary to consider the circumstances of their wives in some way.[256].

In the 1960s, support for selective married couples and legislative theory became prominent.[249].

In 1974, the "Meeting against marriage surname" was formed[257], In 1975, a petition was submitted to the House of Councilors requesting a selective couple.[258][253].

In 1976, from the perspective of improving the status of women, the Civil Code provisions that allow wives to retain their marriage at the time of divorce were reviewed and made selectable.Marriage sequel systemWas introduced[23]..The center wasShizuko SasakiMember of the House of Councilors.It is said that the original goal was to introduce a selective system[36].

In 1984, the Family Register Act was amended to provide a provision that allows a foreigner to easily change to a name, and in international marriage, a selective couple was realized.[257]..In the same year, the "Meeting for recommending married couples" (currently, the meeting for recommending a married couple's surname selection system) was formed in Tokyo.[259].

In 1985, the Japanese government ratified the Convention on the Elimination of All Forms of Discrimination against Women.In response, the government's Women's Affairs Planning Promotion Headquarters said it would consider revising the legal system for marriage and parents and children toward the 21st century.[249].

In 1987,Enshi's sequelWas recognized[260][261].

In 1988, a female professor at a national university filed a proceeding seeking the right to use her maiden name as a common name.[262](Rejected by Tokyo District Court in 1993, settled in 1998,# National University Female Professor Litigation Using Common Namereference)

In 1989, a couple in Kakamigahara City, Gifu Prefecture, filed a complaint with the family court against Mr. Betsu's refusal to accept the marriage registration and was rejected.In the same year, the issue of selective marital status was taken up at the Women's Affairs Experts' Meeting, which is an advisory body to the Minister of Justice.[263].

From the 1990s to the 2010s

In 1991, the Legislative Council started "Deliberation on the Review of the Marriage and Divorce System of the Civil Code".[20].. In 1996, the Legislative Council reported on the "Summary of the Bill to Partially Amend the Civil Code," including the selective marital status system.[20]..However, due to opposition and caution, the Diet was postponed in May of the same year.[264].

As of 1992, the existence of many married couple promotion groups has been reported.[249][265].

In 1997, the LDP Legal Subcommittee, "Family Law Subcommittee" (Chair:Hironori Nonaka), the maiden name continuation name system was examined, but it was postponed[102][72][103]..In addition, from around this time, a bill to amend the Civil Code to make it a "selective married couple surname system"LegislatorCame to be submitted by[249].

After that, in 1999Basic Law for Gender Equality SocietyIs established andGender Equality BureauWas positioned as a central issue by the establishment of[266].

On the other hand, these movementsJapan Conference,Shinto Political FederationSuch asReboundThere is also a claim that it evoked[266][267][268].

In November 2001, the Ministry of Justice re-presented a selective marital proposal, but it was postponed. In April 11, the Ministry of Justice presented an exceptional couple-specific proposal, which was disagreed and shelved.[72]..In July of the same year, lawmakers (Seiko Noda et al.) Called for a selective surname system for married couples within the LDP.A meeting to realize an exceptional surname of a married couple) Sought to submit the bill to the Diet, conceded to opposition parties within the party, and adopted an exceptional marital affair system that included the requirement for permission from the family court.LegislatorSubmitted to the Liberal Democratic Party Legal Committee.However, no agreement was reached within the party and the submission to the Diet was postponed.After that, discussions within the party stagnated until the 2010s.[96][99][269].

on the other hand,Constitutional Democratic Party,National Democratic Party,Social Democratic Party,Communist partySince the report on the legal system, they have been bipartisan and have been submitting civil law amendments to the Diet every session.[81][82][83].. In 2001, the Komeito also submitted a selective marital proposal to the House of Councilors.[21][84].

2003(15)United NationsCommittee on the Elimination of Discrimination against WomenHowever, for the minimum age of marriage, for women after divorceRemarriage prohibition periodRecommended to Japan, along with gender differences and treatment of illegitimate children, "expressing concern that they still contain discriminatory legal provisions regarding the choice of husband and wife."[270]. Since then2009,2016Recommendation to[271][272][273].

Japanese GovernmentReported in April 2008 that he was trying to deepen public debate about Mr. and Mrs. Selective Married Couples.[274]In August 2009, the Commission again stated, "The obligations of the Parties to ratify this Convention do not rely solely on the results of polls, but that the Convention is part of the State's national legal system. Should be based on the obligation to develop domestic law in line with the provisions of this Convention. "[59][273].

2010IsDemocratic Party-Social Democratic Party-New National PartyThe coalition government discussed the submission of a bill, and in February of the same year, a revised bill was presented at the Ministry of Justice Policy Council in line with the 2 report of the Legislative Council.[79].. But formed a coalition governmentNew National PartyThere was opposition from the party and objections from the party, and the bill was not submitted.[99][55].

The government submitted a report to the United Nations in August 2014,[275], In 2016 the Commission issued another critical recommendation[271][272].

In addition, many proceedings have been filed.2006The petition for cancellation of the non-acceptance of the marriage registration was rejected.2011Proposal of proceedings demanding a choice system from the country, the Supreme Court dismissed in 2015.Since then, four similar proceedings have been filed.

2016Does not allow the old man to use the common name at work after marriageMoral rightsA female teacher filed a lawsuit against the Tokyo District Court for her school corporation and dismissed it in the same year.[276][277].. Settled in 2017[278](# Female teacher nickname use lawsuit).

UN Women's Secretary-General Pumjire Murambonukka argues against Japanese law that "we must have choices to ensure gender equality."[279].

In addition, since 2018, there has been a widespread movement from local governments to the national government to pass a written opinion calling for selective legislation for married couples, and the Mie Prefectural Assembly.[280], Tokyo Metropolitan Assembly[281]The written opinion was passed[282][283][284].

The Tokyo Metropolitan Assembly has adopted a petition for a written opinion at the regular Tokyo Metropolitan Assembly in June 2019.However, the actual submission of the written opinion has been postponed because it is customary for the Board of Education Committee to deliberate and unanimously decide.[285].

地方議会からの選択的夫婦別氏に関連する意見書は、2000年7月27日から2020年2月末までの20年間で373件あり、反対意見書も2011年10月までは出されていたが、最高裁判決のあった2015年以降は全意見書が制度導入を求めている[286].

In the 2019 Upper House election, the pros and cons of the elective system were raised as issues.[287][288][289].

Since the 2020s

Even in 2020, Kanagawa Prefectural Assembly[290]The movement to pass a written opinion requesting the legislation of the system from local governments continues[291][292][286][293][294]..In addition, it was reported that a study session will be held by bipartisan members of the ruling and opposition parties and female members of the Liberal Democratic Party from February to March 2020.[295][269].

On November 2020, 11, the government stated in its report for the formulation of the 11th Council for Gender Equality that it would "promote consideration while paying close attention to the trends in the debate in the Diet."[296][297]..On the 13th of the same month, at the Legal Committee of the House of Representatives, the Liberal Democratic PartyTomomi InadaProposes a system that allows you to continue using your maiden name after marriage[111].. On the 24th, the Liberal Democratic Party established a "volunteer study session on his succession and selective marital status" centered on supporters.[298]..On the other hand, on the 25th, the Liberal Democratic Party established the "Kizuna Weaving Association" centered on opposition members.[299]..On the 26th of the same month, the chairman of the Liberal Democratic Party's Special Committee for Promotion of Women's AdvancementMasako MoriEt al. Made a proposal calling for a response to this issueYoshii KanSubmit to[300]..On December 12st of the same year, the Liberal Democratic Party's Special Committee for Promotion of Women's Advancement began to consider selective couples.[301]..However, in the 25th Basic Plan for Gender Equality, which was approved by the Cabinet on the 5th of the same month, it was stated that "we will proceed with further examination of the specific system for the couple, taking into account the judgment of the judiciary." The word "different surname" has been removed[302].

Selective Marital Proceedings

Appeals to the family court in 1989 and 2006 regarding the introduction of the system[255][303], State Redress Act was filed in 2011 and the proceedings were dismissed[304].. In January 2018, a national compensation lawsuit concerning the provisions of the Family Registration Law, in May of the same year, a national compensation lawsuit by a de facto married couple, in June of the same year, a lawsuit to confirm the marriage by a Japanese married couple who married abroad, and in August of the same year. There are proceedings related to the national compensation proceedings of couples who have children with each other.[305].

1989 Domestic Affairs Referee

May 1989, 5, Gifu PrefectureKakamigahara CityThe couple, the city is anotherMarriage registrationGifu said that it was an infringement of basic human rights and unconstitutional that it did not acceptFamily courtToComplaintSubmit a book[306].

On June 6, the petition was dismissed, saying that "the same surname of a couple helps to increase the sense of unity and is necessary to show a third party that they are a couple."[255][55][307][308][303].

2006 Domestic Affairs Referee

A similar petition was filed in 2006, but the Tokyo Family Court dismissed it on April 4 as "a definite interpretation of a legislative policy issue."[303][309].

2011 lawsuit

In February 2011 (Heisei 23), former high school teachersCivil Code Article 750The couple's regulationsArticle 13 of the Constitution,Article 14 paragraph 1,Article 24 paragraphs 1 and 2Accused of violating[310][311][312].. Commonly known as "First married couple last name lawsuit'[313].

February 2015, 27 (Heisei 12),Supreme CourtGrand court"There is a view that the identity will be lost by changing the surname, but it is relaxed by using the common name of the maiden name, and it does not violate the Constitution of Japan." "It is meaningful as a family name established in Japan, and the name is used. To decide on oneRationalityThe current civil law provisionsconstitutionalityAnd dismiss the complaint[314][315][316].

Ohashi Masaharu(From a lawyer),Masayuki Ikegami-Yoshinobu Onuki(that's allProsecutorFrom),Yoshiyuki Yamamoto(From an administrative officer), Itaro Terada,Katsumi Chiba,Takehiko Otani,Toshimitsu Yamazaki,Naoto Otani,Yu Koike

10 male judges made constitutional, while

All three female judgesKaoru Onimaru(From lawyer)Kiyoko Okabe(Civil law scholar)・Sakurai Ryuko(Ministry of LaborFrom) and two male judgesYoshiki Yamaura-Kiuchi(From a lawyer)

5 people disagree as unconstitutional.

Especially Yoshiki YamaurajudgeIt is,Omission of legislationBecause of the countryRestitution for DamagesI also accept responsibility[304][317].

However, the majority of the opinions acknowledge to some extent that his change may cause "work disadvantages" and "sense of loss of identity."Presiding judgeItaro TeradaIn a supplementary opinion, "As people's connections diversify, they tend to be cramped."[318]..Mr. and Mrs. Selective Married Couples said, "I can't say that there is no rationality," and entrusted the legislation that "the way the system should be is nothing but a matter that should be discussed and judged in the Diet."[319][320].

January 2018 lawsuit

January 2018, 1, software development companyCybozuPresident'sYoshihisa Aono, 1 woman,Common-law marriageTotal of 4 men and women[321]But,Family register lawIn international marriage, you can choose between him and another, but it is against the constitutional "equality under the law" that Japanese people cannot choose.[322][323][324][325][88][326][327]..Commonly known as New Selective Marital Proceedings[328].

Tokyo District Court rejected on March 2019, 3[329][330][331].. February 2020, 2 Tokyo High Court rejected. Plaintiffs will appeal to the Supreme Court[332].

March 2018 Domestic Affairs Referee

March 2018, in Tokyo and HiroshimaCommon-law marriageThe four couples in the marriage registration were rejected by filling in the boxes for both of them in the "Mr. couple after marriage" column and submitting them to the government office, so the Tokyo family court, the Tachikawa branch, and the Hiroshima family court Filed a family court for acceptance at three locations[333][334][335][336][335][336][337][338].

On March 2019, 3, the Tokyo Family Court and the Tachikawa branch dismissed the complaint.[339].

On December 2020, 12, it was decided to circulate each of these three special appeals to the Supreme Court En Banc.[340][341].

January 2018 lawsuit

On May 2018, 5, it was unconstitutional that the marriage registration of Mr. and Mrs. Marriage was not accepted and legal marriage was not possible. Proceedings in the district court[334][333][342].. Commonly known as "Second married couple surname lawsuit'[343].

In this case, if you choose him, you can get a legal marriage, but if you choose another, you can't.creedDiscrimination between couples byViolation of Article 14 of the ConstitutionHowever, he insists on the unconstitutionality of the Civil Code and Family Register Act.[334][344][338]..In addition, legal rights and interests limited to legal marriage (Joint custody,Inheritance right, Tax incentives,Infertility treatmentEtc.) are not given, and social approval cannot be obtained as a couple.DiscriminationThere is no real equality between the two sexesArticle 24 of the Constitution,International human rights agreement(Freedom Terms)WhenConvention on the Elimination of Discrimination against WomenClaims to also ask that it violates[338]..Although the plaintiffs are different, the defense team was mainly in charge of the same lawyer as in the 2011 proceedings.[345].

Tokyo District Court dismisses claim on October 2019, 10[346][347].. November 11, Tachikawa branch[348][349], 19th Hiroshima District Court also rejected[350][351][347][349][351].. Hiroshima High Court appeal dismissed on September 2020, 9[352], Appeal on the 26th[353]..On October 10, the same year, the Tokyo District Court dismissed the Tokyo High Court on appeal.[354]..On the 23rd, the Tokyo High Court rejected the appeal of the Tachikawa branch.[355]..Both plaintiffs will appeal to the Supreme Court[356].

January 2018 lawsuit

April 2018, 6, in 18The United States of AmericaNew York CityIt is a deficiency of legislation that the marriage of married couples legally established in Japan is not reflected in the Japanese family register, and it violates Article 24 of the Constitution.Kazuhiro SodaKiyoko Kashiwagi, a butoh artist and film producer, filed a lawsuit against the country in the Tokyo District Court for confirmation of marriage and compensation.[357][358][359].

Commonly known as "married couple surname confirmation proceeding"[360].

January 2018 lawsuit

On August 2018. A lawsuit seeking damages was filed in the Tokyo District Court.Both plaintiffs and their ex-spouse have children (Stepchild), But the current Civil Code does not assume the impact on children and claims that the law needs to be amended.[361]..On the other hand, on September 2019, 9, the Tokyo District Court dismissed it as no change in circumstances that could be said to be unconstitutional, although it acknowledged the growing debate after the Supreme Court's en banc decision.[362][363].. Appeal to Tokyo High Court on October 10th[364].. Rejected on March 2020, 3[365].. Plaintiffs' appeal policy[366].

Litigation using nickname

Asked for the right to use the maiden name as a common nameCivil trialAs,National University professor couple's surname common name lawsuit(1993 Tokyo District Court Decision), female director common name use lawsuit (March 2001 judgment), Kanagawa former high school male teacher common name use lawsuit (3 Yokohama District Court settlement), female teacher common name use lawsuit (2013 Tokyo District Court decision) is there. In addition, there is a request for examination regarding the registration of officers under a maiden name (decision in 2016).

Lawsuit for nickname of female professor at national university

In 1988, a female professor at a national university filed a lawsuit seeking the right to use her maiden name as a common name.[262].1993In the Tokyo District Court,Popular nameThe name also "has the potential to be a symbol of the individual's personality as a name subject to legal protection that is the basis for respecting the individual as an individual", but the use of the family register name as a means of grasping the identity is rational. There is a sexuality, the common name is not rooted in people's lives, and the university considers the use of the common name in the publication of achievements, etc.[367][368][369].. After the appeal, in 1998, a settlement was approved in the Tokyo High Court to allow the use of maiden names.[370]..The government approved the use of the common name in research reports and treatises, and in 2001, the use of the common name of civil servants was approved.[262].

Female director nickname use lawsuit

On March 2001, 3, the company ordered a female director to identify herself as a married woman on the grounds that her husband had retired from the company and that there was no problem, as an illegal infringement of personality rights. , Compensation for mental distress was granted.Osaka District Court[371][372].

Male former high school teacher nickname for maiden name

In April 2012, a former male high school teacher filed a lawsuit against Kanagawa Prefecture for suffering mental distress because the nickname of his maiden name was not recognized when the teacher was transferred to the newspaper (Yokohama District Court). In January 4, Kanagawa Prefecture revised its handling guideline for the use of maiden names and a settlement was established in June of the same year.[373][374][371].

Female teacher litigation using nickname

In 2016, it is not allowed to use the nickname of the maiden name at work after marriageMoral rightsFemale teacher sued Tokyo District Court for working school corporation, alleging infringement of[276]..In the same year, the Tokyo District Court dismissed the claim, saying, "It cannot be said that using the maiden name in the same way as the family register surname is rooted in society, and it is not illegal to request the use of the family register surname at work."[277][375]..After that, the high court issued a settlement recommendation at the appeal hearing, and in 2017 the school side reached a settlement in the form of fully permitting the use of the maiden name in documents such as timetables and daily names.[278].

Kyoto Prefecture Lawyer Officer Registration Examination Request

In 2018, a lawyer in Kyoto Prefecture requested the Kyoto District Legal Affairs Bureau to cancel the dismissal disposition because it was an infringement of privacy rights that rejected the application for registration of officers with the maiden name. Dismiss the claim as legal[376][377].

Chronological Table

Until the 1980s

dateEvent
194607Commencement of civil code revisions at the Cabinet Extraordinary Legal Affairs Committee and the Ministry of Justice Judicial Legal Council[249].
19470503 DayEnforcement of Japanese constitution[249].
19480101 DayAmendmentCivil law, AmendmentFamily register lawEnforcement[378].
19550705 DayLegislative Council Civil Code Subcommittee discusses proposals to allow married couples[21].
1959passport, Partly recognized as an alias[379].
6 月 29 日 -30 日Legislative Council Civil Code Subcommittee says that the issue of married couples still needs to be considered[21].
1975International Women's Year[378].
May 9The first petition for a selective marital system is submitted to the House of Councilors[258][253].
19760May 6Civil law revision, divorceMarriage sequelPossible[380][381].
19840May 5Nationality lawAmendment,International marriageIt is possible to change to a foreigner at the time of[382].
19850May 6Convention on the Elimination of Discrimination against WomenRatification by Japan[383].
19870May 9Civil law revision, adoption divorceEnshi's sequelPossible[260][261].
19880May 2Supreme Court, NHK Japanese Reading Litigation Judgment "Name is a symbol of individual personality"[378].
509 DayA married couple,Resident cardDiscriminatory suit lawsuit, Tokyo District Court (1991 lost, 2005 Supreme Court rejected)[384].
1988/11/28National University Female ProfessorCommon name usedProceedings seeking the Tokyo District Court (defeated in 1993, settled in the Tokyo High Court in 1998)[385].
120000Fuji Xerox uses the maiden name.
19890May 1Tokyo Bar Association submits "Opinion regarding selective marriage surname employment" to the Ministry of Justice[386].
May 5A couple in Kakamigahara City, Gifu Prefecture, demands cancellation of the disposition of non-acceptance of marriage registrationComplaintbookSubmit[307].
May 6Appeal for cancellation of disposition for non-acceptance of marriage registrationGifuFamily court, reject[308].

1990 era

dateEvent
19910May 1Legal council starts debate on revision of general marriage and divorce system[378].
May 5Headquarters for Promotion of Women's Problems, first revision of new domestic action plan for 2000, stipulates review of legal system of married couple[378].
1992/10/14Koto Ward, Tokyo Council passes petition for introduction of optional system[249][284].
1201 DayMinister of Justice, Civil Affairs Bureau, Counselor's Office "Interim Report on Review and Deliberation of Marriage and Divorce System (Arrangement of Issues)"[21].
1992/1204 DayShinjuku-ku, Tokyo, petition to seek selective married couple, passed[249][284].
19930May 9Saitama Prefecture Omiya City (currently Saitama City) Council approves petition for selective married couple[249][284].
May 11National University Women Professor Litigation using nickname, Tokyo District Court, dismissed[387].
19940May 7Counselor's Office of the Civil Affairs Bureau, Ministry of Justice “Civil Code Amendment Tentative Proposal for Marriage System, etc.” A, B, and C[21].
19950May 8Legislative Council Civil Code Subcommittee, Mr. Ko is organized around Plan A, which is unified at the time of marriage[388].
May 9Counselor's Office, Civil Affairs Bureau, Ministry of Justice "Interim Report on Review and Review of Marriage System"[78]
19960May 1Legal Council Civil Law Subcommittee, “Civil Code Amendment Outline” Decision[389].
May 2Legal Council,Summary of bill to revise a part of civil law[390]To the minister of law. (From now on, the ruling party will seek the submission of the Diet centering on this civil law amendment as a government proposal.)
May 3Tokushima Prefectural Assembly submits a written opinion against Mr. and Mrs. Selective Married Couple[391].
May 6Riko NagaoMinister of Justice officially abandoned submission of bill. SaitamaNiiza city, City staff use maiden name dating back to April[392].
May 6Ibaraki Prefectural Assembly submits a written opinion against Mr. and Mrs. Selective Married Couple[391].
May 7Chiba Prefectural Assembly submits opinion against selective married couple[391].
May 10Japan Federation of Bar Associations, Resolution for Selective Married Couples and Elimination of Discrimination against Legitimate Children[393].
19970May 3Democratic Party submits a bill to amend the Civil Code to allow selective married couples to the House of Representatives[21].
May 3Nagasaki Prefectural Assembly submits a written opinion against Mr. and Mrs. Selective Married Couple[391].
May 3260 legal scholars "With the introduction of a selective surname system for couplesChild outside the marriageAppeal for realization of equality for inheritance"[249]
605 DayCorporate citizen,Punch, Submitted to the House of Councilors a bill to amend the Civil Code to allow selective couples[21].
606 DayHeiseiSubmits a bill to amend the Civil Code to the House of Councilors[21].
May 9Kumamoto Prefectural Assembly submits a written opinion against Mr. and Mrs. Selective Married Couple[391].
19980May 3Lawsuit for nickname of female professor at national university, Tokyo High Court, settlement[378].
608 DayBipartisan Opposition (Peace / Reform, Communist Party, Social Democratic Party, PRESTO), Submitted Civil Code Amendment to the House of Representatives to Allow Selective Married Couples[81][21].
May 7The 4th report on the government's implementation of the Convention on the Elimination of Discrimination against Women[394].
19990May 6Enforcement of the Basic Law on Gender Equality Society[378].
May 12Bipartisan opposition (democratic, communist, social democratic, pioneering) and the House of Representatives submit a bill to amend the Civil Code to allow selective couples[81][21].

2000 era

dateEvent
20000May 1Bipartisan opposition (democratic, communist, social democratic) submits to the House of Councilors a bill to amend the Civil Code to allow selective couples[21][21].
May 9Proposed review of legal system related to family such as married couple system in Gender Equality Council report[378].
May 10Bipartisan opposition (democratic, communist, social democratic, technical group) submits a bill to amend the Civil Code to allow selective couples to the House of Councilors[81][21].
20010May 3Female directors are commonly used for litigation, and incentives are recognized as infringement of personal rights. Osaka District Court[371].
508 DayDemocratic Party submits a bill to amend the Civil Code to allow selective married couples to the House of Representatives[21][395].
May 5Bipartisan opposition (democratic, communist, social democratic, pioneering) submits a bill to amend the Civil Code to allow selective couples to the House of Councilors[81][21].
703 DayChiba Prefectural Assembly submits "Statement of position requesting adoption of civil law revision bill"[391].
May 6Komeito submits to the House of Councilors a bill to amend the Civil Code to allow selective couples[21][84].
1001 DayAllows use of maiden name for national servants[396].
May 10The Cabinet Office Gender Equality Conference Basic Issues Special Survey Meeting, "Interim Summary of Deliberation Regarding the Selective Marital Name System"[396].
May 10Aichi Prefectural Assembly passed “Statement of Opinion on Examination of Selective Marital Name System Introduction”[397].
May 11Bipartisan opposition (democratic, communist, social democratic) submits a bill to amend the Civil Code to allow selective couples to the House of Councilors[21].
May 11Ministry of Justice "Selective Marriage System" Civil Code Revision Proposal and Family Registration Law Revision Proposal Approving Use of Common Name for Opposition Members[21].
20020May 4The Ministry of Justice tentative proposal of the exceptional married couple system is presented to the LDP Legal Committee[21].
May 7The Liberal Democratic Party Legal Subcommittee presents a bill by a group that realizes exceptional surnames of married couples[96][97][98][99][21].
May 9The 5th report on the government's implementation of the Convention on the Elimination of Discrimination against Women, Selective system "Efforts to introduce the system"[398].
20030May 5Bipartisan opposition (democratic, communist, social democratic) submits to the House of Councilors a bill to amend the Civil Code to allow selective couples[21].
708 DayUnited Nations Commission on the Elimination of All Forms of Discrimination against Women in the Fourth and Fifth Report of the Convention on the Elimination of All Forms of Discrimination against Women, "I express my concern that it still contains discriminatory provisions regarding the selection of husband and wife."[399].
20040May 3Postponed parliamentary submission of amendment to allow alternative family name with permission of family court when necessary due to LDP or professional reasons[400][401].
May 5Submitted a bill to amend the Civil Code to allow bipartisan opposition parties (democratic, communist, social democratic) and the House of Representatives[81][21].
20050May 3Bipartisan opposition (democratic, communist, social democratic) submits to the House of Councilors a bill to amend the Civil Code to allow selective couples[81][21].
20060May 3The standard that allows you to write your maiden name on your passport has been relaxed, allowing not only scholars and reporters, but also those who are allowed to use their maiden name at work and travel by business.[402].
May 4Request for withdrawal of non-acceptance of marriage registrationComplaint, Tokyo court, rejected[403][303].
May 5Bipartisan opposition (democratic, communist, social democratic) submits to the House of Councilors a bill to amend the Civil Code to allow selective couples[404][81].
608 DayBipartisan opposition (democratic, communist, social democratic) submits to the House of Representatives a bill to amend the Civil Code to allow selective couples[81].
20070May 5Bipartisan opposition (democratic, communist, social democratic) submits to the House of Councilors a bill to amend the Civil Code to allow selective couples[21].
20080May 4Bipartisan opposition (democratic, communist, social democratic) submits civil code amendment to the House of Councilors[405][81][21].
May 4The 6th report on the government's implementation of the Convention on the Elimination of All Forms of Discrimination against Women, "We continue to strive to deepen public debate about the selective husband and wife system."[274]
20090May 4Bipartisan opposition (democratic, communist, social democratic) submits civil code amendment to the House of Councilors[81].
807 DayUnited Nations Commission on the Elimination of All Forms of Discrimination against Women's Convention on the Elimination of the Discrimination Against Women Discrimination Statement, "I am concerned that the discriminatory legal provisions regarding the choice of a couple's husband have not been eliminated."[406]

2010 era

dateEvent
20100205 DayCreation "Japan"(Chairman Shinzo Abe) adopts campaign policy against family names[378].
May 2At the Ministry of Justice Policy Council, a draft amendment to the Civil Code was presented that included the introduction of selective married couples.[79].
May 3Iwate Prefectural Assembly submitted "Statement of Opinion for Partial Amendment of Civil Code to Introduce Marriage Surname System and Eliminate Discrimination of Inheritance and Offspring"[407].
20110May 2Five men and women vie for unconstitutionality and seek selective couplesState compensation lawsuit, Tokyo District Court[408][409].
May 2Substitute surname Marriage notification submitted three times, requesting withdrawal of unacceptable disposition, rejected, Tokyo District Court[410][409].
20130May 55 men and women, fighting unconstitution, claiming damages, rejecting, Tokyo District Court[411][412].
603 DayLitigation using nickname, settlement of former teacher and Kanagawa prefecture established[378].
May 9Separate surname marriage registration lawsuit, dismissal, Supreme Court[413][378].
20140May 35 men and women,AppealRejection, Tokyo High Court[414].
May 6Science Council of JapanProposed the introduction of a selective marital system in the proposal "Amendment of the Civil Code for the Formation of a Gender Equality Society"[20][415].
905 DaySecond Abe remodeling Cabinet OfMatsushima greenMinister of JusticeIntends to consider realistic improvement of operations such as using maiden name at a conference immediately after taking office[416][99].
20150May 2The revised Commercial Registration Regulations were enforced, and it was recognized that the maiden name could be added to the officer registration.[417].
May 2In fact, a total of five married couples said that "the provisions of the Civil Code that do not allow surnames for married couples violate the Constitution".Japanese Government3rd Supreme Court in a lawsuit seeking damages againstSmall courtWill be referred to the Grand Court for constitutional judgment[418].
May 6Bipartisan opposition (democratic, communist, social democratic, and unaffiliated / unaffiliated members) submits to the House of Councilors a bill to amend the Civil Code to allow selective couples[419][420].
May 12In fact, a total of five married couples sought damages against the Japanese government, saying that the civil law provisions that do not allow family surnames are violations of the Constitution.Supreme CourtGrand courtIs the provision of the Civil CodeconstitutionalityAnd rejected[421]..However, out of 15 judges, 5 are judged to be unconstitutional[304][422][423][424][425].
2015/12/25The 4th Gender Equality Basic Plan is decided.Regarding law revision "Proceed with examination based on judicial judgment"[426]
20160307 DayThe United Nations Committee on the Elimination of Discrimination against Women re-recommends Japan to revise the Civil Code, saying that "past recommendations have not been fully implemented" and "actually it is forcing women to have their husbands' surnames."[271].
May 5Bipartisan opposition (Democratic Party, Communist Party, Social Democratic Party, Lifestyle) submits to the House of Representatives a bill to amend the Civil Code to allow selective couples[427][83].
603 DayA female teacher in Machida, Tokyo, sued the school corporation where she worked for the use of her maiden name[276].
May 10The Tokyo District Court rejected the trial of a female teacher in Machida City (later settled)[277].
20170May 3Settlement was reached at the trial of a female teacher in Machida City.Contents that allow the use of the maiden name[278].
May 3Ministry of Internal Affairs and Communications, "Promotion of creating a work environment where employees can easily use their maiden names"[426].
606 DayClarified "Priority Policy 2017 for Accelerating Women's Advancement", Expanding the Use of Maiden Names for Individual Number Cards, Passports, and Bank Accounts[426].
703 DayNotice regarding the use of the maiden name of the Supreme Court and court officials. Possible from September 9st[426].
705 DayRequested cooperation from the Gender Equality Bureau and the Japanese Bankers Association to use maiden names such as bank accounts[426].
May 7Notification of the use of the maiden name of all employees of the Japan Patent Office. Possible from September 9st[426].
May 8Agreements with the secretariat of each ministry and agency regarding the use of the employee's maiden name in the national government[426].
20180109 DayYoshihisa Aono and four other men and women filed a state redress lawsuit for marriage between Japanese people, saying that it is against the constitution that stipulates "equality under the law"[322].
May 3Four Tokyo-Hiroshima married couples file a trial request for the Tokyo Family Court, Tachikawa Branch, and the Hiroshima Family Court to accept marriage registration for another family name[335][336].
May 5Factual marriage parties in Tokyo and Hiroshima have filed a state redress lawsuit in the same three places, saying that it is unconstitutional that marriage registration with a different surname is not accepted and legal marriage is not possible.[334][333].
May 6Bipartisan opposition party (Constitutional Democratic Party, Democratic Party for the People, Group of Independents, Communist Party, Freedom, Social Democratic Party)[82][428]

[428][429].

May 6Requested confirmation that the couple was married by another person abroad, and filed a state compensation suit with the Tokyo District Court.[358].
May 6Bipartisan opposition (Constitutional Democratic Party, Communist Party, Hope Society (Freedom / Social Democratic Party), Wind of Okinawa)[430].
May 8Tokyo remarriage and stepchildren lawyers file a state redress lawsuit with the Tokyo District Court for the current law that does not assume stepchildren remarriage[361].
20190May 3Mie Prefectural Assembly passes a written opinion calling for legislation of selective married couples[280].
May 3Dismissal of proceedings by Aono et al., Tokyo District Court[330].
20190401 DayRequest for examination, dismissal, and Kyoto Legal Affairs Bureau regarding the registration of officers by lawyers in Kyoto Prefecture[376].
603 DayBipartisan opposition (Constitutional Democratic Party, Communist Party, Social Democratic Party) submits a bill to amend the Civil Code to allow same-sex marriage in the House of Representatives[115].
May 6`` Priority Policy for Accelerating Women's Advancement 2019'' Clarified the expansion of the use of maiden names in national qualifications, etc.[426].
May 6Tokyo Metropolitan Assembly "Petition for Legalization of Selective Married Couples" Passed[281]..Submission of opinion to the country is postponed[285].
May 7Selective couples are one of the issues in the Upper House election[287][288][289].
20190May 9Plaintiff died in first selective marital proceedings[426].
May 9Remarriage and stepchild lawyers, lawsuit by lawyer, rejection, Tokyo District Court[363].
1002 DayAmong lawsuits by factual marriage parties in Tokyo and Hiroshima, lawsuits by three parties in fact at the Tokyo District Court, dismissal, Tokyo District Court[346].
1105 DayStart writing maiden name on resident's card and my number card[426].
May 11Of the proceedings in Tokyo and Hiroshima, the proceedings and dismissal by six de facto married parties at the Tachikawa branch of the Tokyo District Court[348].
May 11Of the proceedings in Tokyo and Hiroshima, the proceedings in the Hiroshima District Court and dismissal[350].
1201 DayStarted writing the maiden name on the driver's license[426].

2020 era

dateEvent
20200May 1The House of Representatives question asked the Democratic Party for the PeopleYuichiro TamakiAsked for the introduction of a selective married couple, but a female member of the Liberal Democratic Party said that he would not have to get married.[431][432].
May 2Approximately 40 members of the ruling and opposition parties attend a bipartisan parliamentary study session to consider selective couples[295].
May 2Proceedings by Yoshihisa Aono and others, dismissal, Tokyo High Court[332].
May 2Four opposition leaders and Komeito deputy representative attend a bipartisan rally for selective couples[433].
306 DayLiberal Democratic Party Parliamentary Assembly "Women's Leaping Party", Study Group on Selective Married Couples[269].
May 3Shiga Prefectural Assembly passed “Written Opinion for Legalization of Selective Marital Name System”[434].
May 3Kanagawa Prefectural Assembly, Liberal Democratic Party parliamentary group proposal, opinion requesting discussion by Mr. and Mrs.[290].
May 3Remarriage, stepchild lawyer, lawsuit by lawyer, rejection, Tokyo High Court[365].
May 6Acting Secretary-General of the LDPTomomi InadaThe Liberal Democratic Party's chief deputy secretary-general, triggered by the fact thatShutori TakatoriInada serves as chairmanSociety of tradition and creativitySeparated fromConservative unity meetingWas launched[435].
701 DayClarified the implementation of a survey on the use of maiden names in local councils in "Priority Policy 2020 for Accelerating Women's Advancement"[426].
May 9Of the proceedings between the parties involved in common-law marriage in Tokyo and Hiroshima, the proceedings and dismissal in the Hiroshima High Court[352].
1008 DayLiberal Democratic Party political chairmanHirofumi ShimomuraHowever, he stated that "it is an important theme that must be discussed" about Mr. and Mrs. Selective Married Couples.[436].
1009 DayGender Equality MinisterHashimoto SeikoExpressed its willingness to engage in discussions toward the introduction of selective married couples[437].
1009 DayKomeito Women's Committee (Chair: Deputy Komeito RepresentativeNoriko Furuya), But of the prime ministerYoshii KanProposal "Toward the realization of a true gender-equal society, aiming for a society where all women can live with peace of mind and hope"[438].
May 10Of the proceedings between the parties involved in the facts of marriage in Tokyo and Hiroshima, the Tokyo District Court dismissed the proceedings at the appeal of the Tokyo District Court.[354].
May 10Tokyo District Court Tachikawa Branch's appeal trial dismissed by Tokyo High Court[355][356].
1106 DayPrime ministerYoshii KanAdmitted that he had previously been a member of parliament in a position to promote selective marital status, but said he was "responsible" for making such claims.[439].
May 11In the report for the formulation of the 5th Council for Gender Equality by the government, it was stated that "we will proceed with the examination while paying close attention to the trends of discussions in the Diet" regarding Mr. and Mrs.[296][297].
May 11Gender Equality MinisterHashimoto Seiko, Stated in response to the report of the Council for Gender Equality, "It is very important and should be considered in order to stop the serious declining birthrate and aging population."[440].
May 11Of the LDPTomomi InadaProposes a new system to continue using the maiden name after marriage at the Legal Committee of the House of Representatives[111].
May 11Liberal Democratic Party volunteers launch "volunteer study session on inheritance of Mr. and selective marital system" for introduction[298][441].
May 11Launched "Kizuna Weaving Association" centered on LDP opposition members[299].
May 11"Conservative unity meeting" by conservative members of the Liberal Democratic Party, study session on selective couples[442].
May 11Chairman of the Liberal Democratic Party Women's Advancement Promotion Special CommitteeMasako MoriThe prime minister made a proposal calling for "directly responding" to Mr. and Mrs. Selective Married Couples.Yoshii KanSubmit to[300].
1201 DayLiberal Democratic Party Women's Advancement Promotion Special Committee Starts Consideration of Selective Married Couple System[301].
1209 DayIn fact, the Supreme Court en banc was circulated and decided by a domestic affairs trial seeking three selective married couples.[340].
20210May 11022 legal scholars and lawyers, joint statement calling for the early realization of selective married couples[443][444][445].
0May 3Same-sex marriage proceedings, unconstitutional judgment, Sapporo District Court[118].
0May 3The "All-Party Parliamentary League to Realize the Selective Married Couple System at an Early Stage" was established by the active elective group within the Liberal Democratic Party.[446].
0401 DayThe Liberal Democratic Party's cautious faction launches the "All-Party Parliamentary League to Promote the Expansion and Dissemination of the Common Name of Mr. Premarital"[447].

Pros and cons

Issues

Sakae Wagatsuma, a member of the current law drafting committee, commented on the provisions of Article 750 of the Civil Code, saying, "We thought that it would be appropriate for couples (parents and children) to have the same name for national sentiment, and established the above provisions." There are two criticisms against this (1961).[448]).

  • The fact that the wife changes his wife in the overwhelming majority is linked to the provisions of the Family Register Act, which makes him the leader of the new family register, and it is harmful to the improvement of the ideal of equality in the union of married couples. ..
  • In some cases, the wife already has a socially known name, and in such cases it is disadvantageous for the wife and socially to change him.

poll

Public opinion poll by the Cabinet Office

Cabinet OfficeHas been conducting "Public Opinion Polls on Family Legislation" about every five years since 1996.[449].

Survey before 2006

According to a June 1996 survey, 6% disagreed, 39.8% agreed, and 32.5% agreed with the legislation.[450].

According to a June 2001 survey, 5% disagreed, 29.9% agreed, and 42.1% agreed with the legislation.[451].

According to a December 2006 survey, 12% disagreed, 35.0% agreed, and 36.6% agreed with the legislation.[452].

2012 survey

Percentage of respondents in a December 2012 “Family Legal Opinion Poll” stated that “we must be married and have the same surname (surname) as long as we are married” 12% said, ``Even if a couple wishes to give their last name before marriage, the couple should always give the same last name, but the person who changed their last name due to marriage is before marriage. 36.4% of the respondents replied, "It doesn't matter if the law is amended so that the surname (surname) can be used anywhere as a surname", and "the couple hopes to give the surname (surname) before marriage" In that case, it is okay to amend the law so that each married couple can give their last name (surname) before marriage". 24.0% of the respondents said[453].. The number of responses was reweighted to the population distribution for each age, and the response resultspopulationThe House of Councilors Legal Committee reported that, after adjusting to the composition, the approval for introducing the selective surname system for couples was 36.6%, and the opposition to the revision was 34.6%.[454][455]..This 2012 survey was conducted from December 2012th to December 12rd, 6, targeting more than 12 adult men and women nationwide.The effective recovery rate was 23% (nearly 5,000% of those who could not be investigated were "affected").60.8 men and 4 women were collected.[453].

Most of the respondents who answered "disagree" with another surname were men in their 60s, 70s or older, and women over 70 years old. More than half of them in their 40s (20%).The younger generation was in favor[453][456].

If the couple's surnames are different, 67.1% answered "I think it has an unfavorable effect on the child" and 28.4% answered "No effect".[457].

Regarding the surname change due to marriage, 47.5% said, "I feel the joy of starting a new life because my surname (last name) has changed", and "I think I feel the joy of being one with the other person." 30.8%, "I think it feels strange that the surname (last name) has changed" 22.3%[453].

More than 6% of the respondents said, "I think there are some married couples who do not report to be a formal couple because they do not want to change their surname."[453].

2017 survey

According to the fifth poll conducted by the Cabinet Office in November-December 2017 on 11 men and women nationwide (recovery rate is 12%), the Civil Code should be amended to introduce selective married couples. When asked about the question, 5000% agreed that it was okay to (revise) it again, exceeding the opposition (5%) that it was not necessary.[458] [449][459][460][461].

24.4% answered "You may change the law so that you can use your maiden name anywhere" and 3.8% answered "I don't know".[458].. Opposition rate is the lowest ever, and approval rate is the highest ever[460].. By generation, approval was over until the 60s[449].. Especially, 18-39 year olds have more than 5% approval[459].. On the other hand, over 70 years old, the opposition accounted for a majority of 52.3%.[449].

When asked if they would like to use the maiden name if the law changes, 19.8% said they would like it and 47.4% said they did not.Only children had the highest number of people who wanted another, 31.7%.[459].

When asked if there are people who do not report to be a formal couple because they do not want to change their surnames, 67.4% (up 6.1 points from the previous survey) said "I think".[459].

Other polls

Government-affiliated organization
  • In the 1976 Prime Minister's Office "Public Opinion Poll on Women," 20.3% said "I think it's better to allow couples to give different surnames," and 62.1% said "I think it's better not to."[462].
  • In 1977, the Prime Minister's Office for Women's Affairs conducted a survey of experts on women's issues, with 43.4% agreeing and 45.8% disagreeing.[7].
  • According to a survey conducted by the Prime Minister's Office on Women's Opinion, 1987% of the respondents answered that it is better to identify the surname of each couple in the 13 survey, and 1990% of the same question in the 29.5 survey. In the 1994 Prime Minister's opinion poll on the basic legal system, 27.4% agreed with the "selective couple surname system".[263]..Regarding the divergence from the survey of major media at the same time, the question of the Prime Minister's Office survey is not the consciousness that "if others want to do so, you can accept it", but it is regarded as "your own problem". AndAsahi ShimbunAnd Takahashi Kikue insist[263][463].
  • 2018 yearsNational Institute of Population and Social Security ResearchAccording to the "National Family Trend Survey" for married women, 50.5% of married women agreed that "the husband and wife do not have to have the same surname and may have different surnames."[464]。既婚女性を対象に5年ごとに行われているもので、1993年の調査では賛成は35.4%、1998年は39.0%、2003年は46.0%、2008年は42.8%、2013年は41.5%だった[465].
Major media
  • According to the Asahi Shimbun survey on September 1994, 9, 27% agreed and 58% disagreed.Summary plan51% in favor of Plan A[7].
  • According to a 2009 Sankei Shimbun survey, 48% agree and 41% disagree.[466][73].
  • According to a 2009 Mainichi Shimbun survey, 50% agree and 42% disagree.[467][73].
  • According to the October 2009 Asahi Shimbun survey, 10% agreed and 48% disagreed.[468][73].
  • According to the October 2009 Asahi Shimbun survey, 12% agreed and 49% disagreed.[469][73].
  • In the 2009 Yomiuri Shimbun survey of parliamentarians, 43% agreed and 40% disagreed.[470][73].
  • According to a 2014 Mainichi Shimbun survey, 52% agree and 40% disagree.[471].
  • According to a 2015 Nihon Keizai Shimbun survey, 77% of working married women and 83% of professional maiden names agree with selective married couples.[472].
  • According to a survey by the Asahi Shimbun in November 2015, 11% agreed and 52% disagreed.[473].
  • According to the 2015 NHK "Public Opinion Survey on Married Couples' Surnames" (RDD tracking method), 45.9% of couples agreed and 49.7% disagreed with "the same surname should be given."By age group, the opposition exceeded the approval only for those in their 70s and above, and the approval exceeded 50% for those in their 6s and under.[474][475][476].
  • According to the 2015 Mainichi Shimbun poll, 51% agreed and 36% disagreed.In addition, 73% chose the same surname and 13% chose a different surname.[477][478].
  • With the Sankei Shimbun in December 2015Fuji News NetworkIn the joint opinion poll, 51.4% agreed and 42.3% disagreed, and 13.9% and 20% of those in their twenties "want" whether they would like another person if they could choose.[479].
  • In December 2015, the Asahi Shimbun opinion poll (fixed telephone system) was 12% in favor and 49% against.[480].
  • According to the 2016 Yomiuri Shimbun opinion poll (mail method), 38% agreed and 61% disagreed.The top reason for agreeing was "because it is a trend of the times to allow married couples' surnames", and the top reason for disagreeing was "because it feels strange that children and parents have different surnames" (48%).[481].
  • According to the Asahi Shimbun poll (mailed) from March to April 2016, 3% agreed and 4% disagreed.[480].
  • According to the 2017 Asahi Shimbun poll, 58% agreed and 38% disagreed. More than 50% of people in their 6s or younger agree, while 70% of people in their 52s or older disagree.[482].
  • According to the 2019 Mainichi Shimbun / Saitama University joint survey, 36% said, "It is better for couples to give the same family name in both family registration and common name." 27% said, "It's better to do it," and 35% said, "Each person should be able to choose which family name to give in the family register." A majority of people under the age of 30 support him, and 70% of people over the age of 61 support him.[483].
  • According to a survey by the Nihon Keizai Shimbun in November and December 2019, 11% of working women agreed.Opposition is 12%[484][485].
  • According to the Asahi Shimbun poll (fixed / mobile) in January 2020, 1% agreed and 69% disagreed.Among the LDP supporters, 24% agree and 63% disagree.In addition, 31% of women agree and 71% of men agree.In particular, more than 66% of women in their 50s or younger agree[480].
  • 2020å¹´3月-4月の朝日新聞と東京大学谷口研究室による共同調査では、賛成が57%、どちらともいえない、が25%、反対が17%。自民支持層でも、賛成が54%、どちらともいえないが25%、反対が21%で、自民支持層では3年前の調査と比べ賛成が25%増加した[486].
  • According to a survey by Masayuki Tanamura (Professor of Waseda University) and an elective promotion group (2020 people) in October 10, 7000% agreed and 71% disagreed. There were 14 people who said, "I have given up on marriage or had a common-law marriage because I couldn't have a different surname."According to the survey by prefecture, Okinawa had the highest approval rate, and Ehime had the lowest approval rate.[487][488][489][490].
  • In the Yomiuri Shimbun from October to November 2020, the Waseda University joint opinion poll (mailing law, targeting 10 people, collecting 11 people) agreed or either agreed with "the law should be amended to allow married couples to have different surnames." If anything, 3000% agree, if anything, disagree, or disagree 2022%[491].
  • According to a survey conducted by the Mainichi Shimbun and Social Research Center in December 2020, 12% agreed and 49% disagreed.[492].
  • According to a survey conducted by Jiji Press in January 2021, 1% agreed and 50.7% disagreed.Liberal Democratic supporters agree 25.5%, disagree 41.5%, Komeito supporters 36.9% agree, 57.4% disagree[493].
  • 2021å¹´3月29日の日本経済新聞社の世論調査では、賛成が67%、反対が26%。18~39歳では84%、40~50代では74%、60歳以上では55%が賛成。自民支持層での賛成は64%、立憲民主党支持層での賛成は70%[494].

Pros and cons of various organizations

National political party

Active in introducing the system
  • Komeito: Active in introduction[99][495][496].. 2001 Civil Code Revision Proposed to House of Representatives[21].. In 2002, we introduced the selective introduction of surnames for couples as a priority policy for party conventions, and in 2005, 2007, 2009 and 2010,ManifestIntroduces a selective surname system for couples[497][498][35].
    • Secretary generalYoshihisa Inoue[499], Of the House of CouncilorsYuichiro UozumiIn 2015[500], RepresentativeYamaguchi Natsuo2016[501][502]And in 2020[503][504], Komeito Women's Committee (Chair: Komeito Deputy RepresentativeNoriko Furuya) In 2020[438], Making a positive statement about the introduction.
    • In 2015, it was reported that he was not actively persuading the Liberal Democratic Party because he did not want to disturb the coalition government.[500].
    • In 2019, when the Tokyo Metropolitan Assembly issued a "petition for the legislation of selective married couples' surnames" and passed it, they agreed with the Tomin First no Kai.Only the Liberal Democratic Party opposes[281].
    • Published by Komeito Organization BureauKomei ShimbunHas posted an article aggressively introductory in 2019[505].
  • National Democratic Party: The 2019 House of Councilors election promise mentions the realization of selective marital status[506][507].. In 2018, a bipartisan submitted a bill to amend the Civil Code to the House of Representatives[428].
  • Constitutional Democratic Party: 2017 House of Representatives election[510][511], 2019 House of Councilors election[512][513][514]He mentioned that he promised to realize selective surnames for married couples. In 2018, a bipartisan submitted a civil law amendment to the House of Representatives[428].
  • Japan Communist Party: The bill has been submitted to the House of Representatives and the House of Representatives, although it has not been deliberated[515].. In the policies announced in 2003, 2004, 2005, 2007, 2010, etc., the realization of the selective surname system according to couple is mentioned.[497].. Wants to completely revise legal discrimination regarding family members[516][517].. ChairpersonShizu Kazuo"Should be recognized in terms of true gender equality, individual dignity, and basic human rights,"[99].
  • Social Democrats: Positively agree[99].. The Human Rights Policy Charter announced in 1999 also stated that it would be realized, and the 2004 House of Councilors election, the 2007 House of Councilors election, and the 2009 House of Councilors election.[497], 2009 House of Representatives Election[518], 2016 House of Councilors election[519], 2017 House of Representatives Election[520], 2019 House of Councilors election[521]Etc., and the implementation of the introduction is actively included in the election pledge. Participated in bipartisan submission of amendments to civil law to the House of Representatives in 2018[428].
  • Okinawan wind: In 2018, bipartisan co-submission of Civil Code amendment to the House of Councilors[522].
  • New team selected: In 2019, responded "I agree" to the questionnaire survey by mnet[527].
    • RepresentativeTaro YamamotoSays "yes"[528][529]In addition, he is a member of the 189th National Assembly Legal Committee as an introductory member to the "petition regarding the revision of civil law, such as the introduction of surnames for married couples."[530].. In addition, in the 2019 House of Councilors election candidate questionnaire survey by the Asahi Shimbun, all the candidates who responded to the party replied ``yes'' to the surnames by selective couple[529][531].
Reluctant to introduce the system
  • LDP: Seiko Noda aimed to realize an exceptional separate system in 2002, but gave up[96][97][98][99].. The Liberal Democratic Party then raised its opposition in the 2010 opposition party promise.[532][500][533].. The 2012 government promise opposes the Democratic Party's bill to introduce a married couple surname system.[534].. In 2015, it was reported that the party's stance was against or not positive about the selective marital status system.[99][500][535].. In 2017 and 2019 Asahi Shimbun surveys, there are pros and cons in the parliamentary unit[536][529][531].. In 2019, the party is reported to be "backwards" in selective surnames[537]..In addition, he answered "I disagree" with the mnet questionnaire of the same year.[527].. On the other hand, in 2020, it was reported that a study session on selective surnames by married parties by the ruling and opposition bipartisans, including members of the LDP, and a study session on selective surnames by couples by the women's members of the party was held. ing[295][269]..In November of the same year, a "volunteer study session on his succession and selective marital status" was launched, centered on members of the Diet who supported the introduction.[298]..On the other hand, in the same month, a "Kizuna Weaving Association" was launched, centered on members of the Diet who oppose it.[299]..In addition, on the 26th of the same month, the chairman of the Liberal Democratic Party's Special Committee for Promotion of Women's AdvancementMasako MoriThe prime minister made a proposal calling for "directly responding" to the selective surnames of married couples.Yoshii KanSubmitted to[300].. On March 2021, 3, the Parliamentary League "All-Party Parliamentary League for Early Realization of the Selective Married Couple System" was established by the pro-members.[446]..On April 4st of the same year, the Parliamentary League, which is made up of members who are cautious about introducing the system, was established.[538].
    • prime minister OfYoshii KanAdmitted on November 2020, 11 that he had previously been a member of parliament in a position to promote selective marital status, and stated that he was "responsible" for making such claims.[439].
    • Seiko Noda, in 2004, against the background that elective couples were not promoted within the partyShrine office(Shrine main office) Has the opposite[539].. In addition, Noda criticized the party's policy on women's empowerment in 2015, saying, "I don't know the loss of women's failure to give birth to another name."[540], In 2016,Legislative officeDoes not make laws adapted to the timesLegislative neglectIs supposed to be[541].
    • In 2014Masako MoriMinister for Gender EqualityExplained that the opposition to the selective marital surname system in the 2010 Liberal Democratic Party's opposition promise was "opposition to the bill submitted by the Democratic Party at that time."[542][543].
    • In 2019, when the Tokyo Metropolitan Assembly passed the "petition for legislation of selective surnames for married couples," it was reported that the only party that opposed it was the LDP. Passed with the approval of the Tomin First Party and the Komeito[281]..On the other hand, in 2020, the Kanagawa Prefectural Assembly passed a written opinion calling for the discussion of selective married couples proposed by the LDP parliamentary group.[290].
    • Creation "Japan"(Chairman, Shinzo Abe, then) raised opposition to the selective couple-specific bill as one of the movement policies in 2010.[544][545][378].Shinzo AbeIn 2010, "marriage surname means the dismantling of the family. The dismantling of the family is the ultimate goal, and if you are not released from the family, you cannot be free as a human being.Left wingTarget andCommunism Ofdogma"[546].. February 2016, 2 at the House of Representatives Budget CommitteeKatsuya OkadaWhen asked about the true meaning of this statement, he said, "It is necessary to carefully respond while pointing to the points in the Supreme Court decision (constitution of Article 750 of the Civil Code) and the trends of public debate".[547][548].. On July 2019, 7, when asked about the pros and cons of selective marital surnames during a debate with the opposition party, he answered, ``I think that it has nothing to do with economic growth,'' he said.[549][550].. Also, in the debate on the 3rd of the same month, in response to the question, "People in favor of selective surnames raise their hands," he was the only leader among the attending parties.[551].
    • In March 2018, the Minister of Justice (then)Yoko KamikawaIs cautious about introducing the system, in the view of the government.[552].
    • In 2018, the Foreign Minister (at that time)Taro KonoStates that the selective marital surname problem is not a particular position in the government but is part of society's interest.[553].
    • Tomomi InadaMade a negative statement about the introduction as of 2015[554]However, in 2018, it turned to support for selective married couple surnames.[555].
    • prime minister(At the timeJunichiro KoizumiIn 2004,Ikuko IshiiIn response to the question, the couple answered that they did not violate gender equality.[556].
Political parties claiming alternatives
  • Japan Restoration Party: In the 2019 House of Councilors election pledge (manifest), "General legal effect for using maiden name while maintaining the principle of the same family register and the same person"[108][109]..In the same year's mnet questionnaire on the pros and cons of selective married couple surnames, they answered "I can't say either."[527].
    • He was a provisional representative when the party was launchedTohashi HashishitaAgrees with the introduction of a selective marital surname system[557]"The current family register system should be abolished or replaced with a complete individual family register."[558]..At the Osaka Prefectural Assembly in 2010, Hashimoto said that his family name was different from his mother's family name, but he was not adversely affected by his child's position. He criticizes that it is dangerous to easily identify family ties.[559].
Past political parties
  • National Assembly to rebuild social security: With 5 opposition parties and congregations including the same groupCivic UnionAdvocated "realization of selective surnames for married couples" as a common policy[560].
  • Liberal party: Participated in bipartisan civil law amendment submission to the House of Representatives in 2018[428]..Co-representativeIchiro Ozawa"I can't say either" in a 2014 survey[561]However, in the 2017 survey, it was "more or less in favor".[536]..Ozawa has been "agreeing" since the New Frontier Party era[562], "Basically agree" in 2005[563]Was
  • Democratic Party: The predecessorDemocratic PartyHas been enthusiastic about amending the Civil Code since the times[564][81][565][566][567][419][420][568].. In 2001, 2003, and 2005, election pledges have been adopted to introduce selective surnames for married couples.[497].. However, when the Democratic Party was in power, it formed a coalition government.New National PartyDue to the opposition of the party and objections from the party, the bill was not submitted.[99][569].Restoration PartyIn February 2016, before the merger, the "Bill for Partial Revision of the Civil Code" was jointly registered as a co-member legislation centered on selective surnames for married couples and shortening of taboo periods.[570], When changing the party name from the Democratic Party to the Democratic Party, the realization of selective married couple surnames is included in the "Democratic Party 11 Proposal (Symbiotic Eleven)" that is mentioned as a pillar of the party.[571].. In 2015,Katsuya OkadaRepresentative andLotusEven after the acting representative changed the party name to the Democratic Party in 2016Shiori YamaoThe then chairman of political affairs has expressed a theory of promoting selective surnames for married couples.[572][500][564].. In 2016, four bipartisan opposition parties, including the Democratic Party, submitted to the House of Representatives a bill to amend the Civil Code that included the introduction of selective surnames for married couples.[427][83].
  • Hope party: At the 2017 party meetingGo HosonoHowever, he said that he would also work on selective surnames for married couples.[573].. In the same year, it was reported that a pledge in the House of Representatives election was considering adding permission for surnames for couples.[574].. Disbanded in May 2018.
  • Japanese heart: Secretary General (at that time)Masashi NakanoIs in opposition as a party, such as giving a discourse against Mr. and Mrs. Selective Married Couple[575].
  • Restoration Party: As of 2014 before the party split, it was "opposing about selective surnames for couples"[576].. However, it was reported that the pros and cons after the party split in 2015 are unknown.[99].. After that, in February 2016Democratic PartyJointly registered with the co-member legislation as a joint lawmaker, "A bill to revise a part of the civil code" that focuses on selective surnames for married couples and shortening of the ban on remarriage.[570]..Pros and cons were divided on a parliamentary basis[561].Matsuno YorihisaThe representative said, "If anything, I agree."[561].. (Japan Innovation Party joins "Democratic Party" in March 2016[577].
  • New National Party: According to the policy declaration issued in 2010, it was "opposite"[35].
  • New party: Selective couples submitted a bill to amend the Civil Code every year from 1997 to 2001, except 2000.[21].
  • Budding party: Submission of selective couple bill to the Diet by legislation[562].

Academic group

Active in introduction

Professional organization

Active in introduction

Political/social movement groups

Active in introduction
  • "Selective married couple surname / national petition action" is a civic group that seeks the legislation of selective married couples.[587][588]..We support petition to each local council and hold bipartisan study sessions of the ruling and opposition parties.[588][589][590][591].
  • NPO corporation"Mnet / Civil Code Amendment Information Network" campaigns for selective married couples[592][593][378].
  • UN NGO Women's OrganizationNew Japan Women's Association”Calls for the realization of selective married couples[594][595].
  • "Japan Women's Association" demands the realization of selective surnames for couples[596][595].. The organization consists of 23 groups including women's groups and labor union women's divisions. The number of participants in the group is 90[596].
  • The "Sisters' Association that wants to inherit the name of their parents' home" is campaigning for a selective couple to solve his inheritance problem.[597][598].
  • The “Couples for selecting surnames for married couples” are engaged in activities to have the civil code amended so that legal marriages can be done with the surnames for each married couple. To adviserSeiko Noda[599][600].
  • The "Meeting for Promoting the Selection System for Married Couples" was established in 1984 and is a citizen group aiming to realize a selective married couple.[601][602][603].
  • "Toyama, a society that realizes selective surnames for married couples" is an organization that seeks amendments to the Civil Code, which was created by supporters of legal proceedings for married couples in 2011.[604][605][606].
  • The "Meeting for Supporting Married Couples Proceedings 2018" is an organization that supports marital proceedings and aims to realize selective marital proceedings as soon as possible.[607][608].
  • "NPO corporation wishing for the realization of selective married couple surnames" is an organization aiming to realize selective married couples[609][610].
  • The "Meeting for another surname"MiyagiOrganizations that are active mainly in[611][612][613].
Reluctant to introduce

Religious group

Active in introduction
Reluctant to introduce
  • Religious corporationThe main shrine of the shrineShinto Political FederationClaims that the use of the common name is sufficient[650], It is said that he has urged members of the Diet to oppose selective couples.[651]..He also claims that ancestral rituals and inheritance of surnames are completely different things, and that no revision of the law is necessary.[650]..The Association of Shinto Shrine is the magazine "Shinto shrineBut I'm developing an objection[652][653].
    • Hotaka TsukadaSays there is a close relationship between the organization and Nippon Kaigi[623][622].
    • The Shinto Political Federation was in the Upper House election in 2013,Arimura Haruko(LDP) is supposed to have supported[654]..Arimura is one of the members of the opposition rally hosted by the 2010 Nippon Kaigi.[618][621][655].Mizuho FukushimaAccording to the report, there are young female members of the Liberal Democratic Party who are in favor of it but cannot express it because they have been recommended by the Shinto Association of Spirituality.[656].Red flagWhen the Legislative Council reported in 1996,Japan Bereaved SocietyIt is reported that there was a sudden voice of opposition from members of the Liberal Democratic Party against the background of[657].. At the 1996 Legal CouncilAtsuo NakamuraIt is,Shinto Political FederationMembers of parliament and ministers who belong to the parliamentary council discuss the bill according to the policy of the council.Separation of politics and religionI am asking if it is unconstitutional[658].. In contrast, the Secretary of StateHideo UsuiReplies that, as a general rule, religious groups and related parliamentary groups exchange opinions, and the ideas are not necessarily the same.[658].
  • Religious corporationWorld Peace and Unification Family Union(Unification Church) puts selective couples at risk[659].. The religious group is said to be "furiously" doing gender bashing[619].. Of religious paper based on the same religious groupWorld daily reportSaid in an editorial on November 2010, 11, "Selective surnames could be used to boost gender-freeness."[660]According to an editorial on February 2018, 2, "If a surname is different, the family may be destroyed from the bottom." There is a movement with[661]It is against the introduction by arguing that. In addition, to related political groupInternational Katsukyo UnionAnd one of the movement policies is to "prevent communist policy hidden in selective married family surnames."[662].
    • Suzuki Eight is the founder of the National Assembly that protects Japan, the predecessor of the Nippon Kaigi, and many people from the same group are involved.Unification ChurchThere are many members of the Nippon Kaigi at the upper level, and the Sekai Nippo (religious newspaper based on the Unification Church)World daily reportThere are a lot of people involved in the Japanese conference in the club for readers of[663].
  • Religious corporationNew Buddhist cultEspecially in the early 2000sGender equalityActively engaged in activities against[625].. Of religious paper based on the same bodyJapanese Current CriticismHowever, they actively oppose gender equality, and in an extra article on May 2001, 5, they argue that the selective marital system is "aiming at the dismantling of families."[664].. It was pointed out in 2012 that the paper has since shifted its focus to promoting nuclear power plants rather than activities against gender equality.[625]However, in the article on March 2018, 3, he opposes that it will lead to the dismantling of the family.[665].
    • The denomination is a member of the Japan Conference[625]Kazunori Akimoto, the current representative of the cult, is on the representative board of the Japan Congress[666].
    • In the 2004 Upper House election,Eriko YamataniRecommend (LDP)[667].. Yamatani in 2001Unification ChurchReligious paperWorld daily reportHas expressed opposition in[668]In addition, Yamatani is the co-representative of the Parliamentary League "Kizuna Weaving Association", which was established in 2020 by cautious parliamentarians.[669].. Also, in the 2013 Upper House election,Shinichi Eto(LDP) is supposed to have supported[654]..Eto is one of the members of the opposition rally hosted by the 2010 Nippon Kaigi.[618][621].. In 2020, it was reported that Eto, Yamatani and others had objected at the Liberal Democratic Party meeting where Mr. and Mrs. Selective Married Couples were discussed.[670].
  • Religious corporation OfScience of happinessThe Liberty Web, a web medium based on, is consistently negative to selective couples.[671][672].. Of a political group whose mother body is the religious groupHappiness Realization PartyYanai, the chairman of the general affairs of Japan, claims in 2010 that the selective couple-by-marital bill is a national dismantling bill.[673].
Other
  • TenrikyoIn a 2004 publication, the Tenri Yamato Cultural Council, an advisory body that reports directly to the Governor's Office, stated that the cult was a world religion that was appropriate for any society and culture in the world, and was particular about its format. It is said that it is appropriate to take measures according to the situation of each society and culture.[674].

Media

The following newspaper companies are showing their attitude in editorials.

Active in introduction
Reluctant to introduce

Details

Human rights / diversity

Positive theoryNegative theory
Respect for individuals, moral rights, self-determination rights, identitiesScience Council of JapanStates that the enforcement of Mr. and Mrs. Gong is a violation of personality rights, and that a selective marital system should be introduced in order to respect individual dignity and achieve gender equality in marital relations.[20].Science Council of Japan,Noriko Mizuno(Legal scholar), he extortedPersonal dignity・Define equality of both sexesArticle 14 of the Constitution,Article 24 of the ConstitutionConflict with[20][799]Insisted.The Japan Federation of Bar Associations has forced the change of one of them.Article 13 of the ConstitutionGuaranteed byMoral rightsClaims not to respect[42].. The plaintiffs in the 2011 proceedings also argued that Article 750 of the Civil Code, which enforces a change of name in marriage, violates the name rights of the personality rights guaranteed by Article 13 of the Constitution.[800].. The Science Council of JapanShuhei Ninomiya(Legal scholar) says that it causes a contradiction with the interpretation standard of Article 2 of the Civil Code.[20][801].

Kumi Sasaki (Tohoku Gakuin University, scholar of law) says that the requirement to change his wife at the time of marriage under Article 750 of the Civil Code isArticle 13 of the Constitution OfMoral rights"Freedom not to be forced to change Mr."Article 24 of the ConstitutionIt is not possible to satisfy both freedoms of "freedom of marriage" guaranteed by the above, and sufficient rationality is not recognized.Article 24 of the ConstitutionViolates[412][802][803].

Yoshihiko Miyauchi(OryxFormer chairman, president, group CEO) and others, legal marriage is enforceable like the current system社会Is cramped and intolerant[804][805], Insist.

Shin Yoshida (Asahi Shimbun reporter) says that not only convenience and disadvantage, but also the "individual dignity" of those who consider the surname as a symbol of personality is being questioned.[806].

Masahiro Yamada(Sociologist) argues that it is good to have more options[807]..He also criticized that the opposition was nothing more than an emotional theory.[808].

Fukuoka Bar AssociationIs a "selection system", so if you think that your family will collapse if you make another person, you should select him.[809][810].

The Asahi Shimbun said in an editorial, "People who scream against another surname lack the tolerance for others. It can lead to discrimination and prejudice against the minority who chooses their own way of life."[811], Insist.

Miko Hayashi (journalist) says that the pressure of identification, which does not allow married couples to have different surnames, is unpleasant.He criticizes opponents that the dignity and identity of an individual is important, and that it is a downhill to totalitarianism that refuses to admit people with different positions, ways of thinking and feelings.[812].

Yoshihisa Aono (President of software development company Cybozu) says that the current common name is forced to use him together, which makes him feel like he is separated and causes great mental distress.[813].

Chie Matsuura (Professor, Takushoku University) said in 1976, "When a couple is not one and the individual husband and wife appear on the whole surface, the surname of the couple will be taken for granted." It is desirable to have a system that opens the way for people to choose between different surnames and the same surname when considering it as a transitional period of the rights and obligations of an independent personality. "[814][7].

Takuo YamadaIn 1984, (a legal scholar) stated, "From the principle of immutability and the right to self-determination, it is more refreshing to say,'If you want to change your surname in principle, you may change your surname.'"[815][7].

Naoko Tateishi (legal scholar), when compared to the marriage sequel system and the marriage sequel system introduced through the civil law revisions of the 1960s and 1970s, was not limited to marriage couples, For example, while the successor name is guaranteed by a track record of more than 7 years, it is said that the lack of institutional security is inconsistent for Mr. before marriage, even though he has been used for at least 16 years. Are[261].

Tomomi InadaAs of 2010, the (politician) said that the selective marital movement was "some innovative.Left wingmotion,orderHe claims that it is being used for the "destructive movement," and is afraid of being criticized as "a woman's disdain or an old idea of ​​keeping women in the home." As it is troublesome, the Democratic Party has to decide the surname of the child born at the time of filing the marriage registration and submit it, even if the child is not given due to age or health reasons. OfHuman rights violationsWas criticizing[816]..However, in 2018, "It is confusing to use two surnames in the common name" "There are many marriages between elderly people"[555].

Tetsuya Miyazaki(Critic), in his 1996 book, said that coercion of a married couple's surname is a violation of personal rights, but compulsory use of a surname of a parent (for example, due to divorce or remarriage of a parent)CustodyArgue that changing the surname of a child by changing the name) or naming of a child by a parent should also violate the moral rights, and if it is based on the moral rights, argue that it is strange to abolish the surname. doing[817].

Diversity and diverse values

Science Council of JapanIs Japanese society1980 eraInternational since the second halfGender equalityDue to the trend of women and economic independence of women, there is a change in the view of family, the view of marriage, the way of life and roles of men and women, the way of working of men and women in society, the form of family is diversified, and the legislative fact that supports the marital system is Is changing[20].

Exit Akira(Lifenet life insuranceChairman and CEO)ValuesIs required in modern Japan.[805][818][535].

Yuko Miyazaki(Judge of the Supreme Court) said that he was the first Supreme Court judge to start using his maiden name before marriage. Is important to[819].

Rino Sato (Sendai Gender Equality Foundation) should respect diverse family shapes[820]Claimed.

The Nihon Keizai Shimbun argues that the idea of ​​recognizing diversity is necessary for society, rather than forcing a different surname to be accepted by those who wish.[675].

Privacy theory

Hiroshi IwataIs forced to change his name by marriage and make the new person publicly availablePoliciesClaimed infringement[821].

John C. Maher, area research scholar, said, "A married couple surname will also be a human rights issue. By being forced to publicize that we are married, divorced or remarried. , Because women's privacy rights are violated.”[822].

The Nishinippon Shimbun introduced an example of choosing common-law marriage because "it seems that even unfamiliar people have declared divorce or remarriage, and I do not want to change it"[823].

In January 2018, the plaintiff argued that the current law, which does not allow the married couple system, violates the right to privacy in a trial that appealed to the government for the Family Register Act that does not allow selective married couple surnames.[92].

Equality and discrimination

Although the provisions of the Civil Code leave it to the couple to choose whether to refer to the husband or wife, the percentage of wives who actually change their names is 2014% of the total according to a 96.1 Ministry of Health, Labor and Welfare survey.[824][825]It is said that the Science Council of Japan is for women.Indirect discriminationHitGender equalityClaims to be contrary to[20][824][73][800].Yoko Hayashi98% of married couples (Chairman of the United Nations Committee on the Elimination of Discrimination against Women)[821](2015% in 96)[824]) In the case of a female surname is an indirect discrimination of a female[826], Insist.

In the May 2018 lawsuit seeking selective surnames for married couples, whether the plaintiff wants married surnames or alternative surnames is related to the way of life of the individual, and discriminatory treatment by ``creed'' is under the law. Contravenes Article 5(14) of the Constitution, which stipulates the equality of[827].. Furthermore, in 2016, about 96% of couples had their wives renamed, and “substantial equality” between the couples was not maintained. It also claims that it violates the "marriage freedom" stipulated in Article 24 of the Constitution.[827].

Haruki Murakami(The writer) states that "because of getting married, one of them must change their surname is a clear conflict with the constitutionally guaranteed equality of men and women. That is unfair."[828].

Shuhei Ninomiya (a legal scholar) argues that although the current system allows married couples to have different surnames in international marriages, it is unfair to not allow married couples to have different surnames in marriages between Japanese citizens.[73][829].

At the Science Council of Japan, people's consciousness is changing, and because another person has no choice婚姻Need to give marriage rights equally to those whose freedom is violated[20], Insist.

Reiko Otsuka (journalist) can choose the surname before the divorce and the maiden name at the time of divorce, but it is strange that the maiden name cannot be chosen at the time of marriage.[44], And.

Akio Tsutsumiuchi (Senior Fellow of the Japan Philanthropic Association) said that the same surname rule is being asked in the present age when the view of marriage is diverse, and if one of the people who feels his identity has to change his surname. , Says that it may be a violation of human rights[830].

Toru Kunishige(Politicians and lawyers) are increasingly giving the same name to men and women, and it is unreasonable because the same surname and same name may be unavoidable under the current system.[831].

Kubo ToshiakiThe lawyer said, "If your surname is not good, what if you had a person named Shizuka Kamei and married a person named Shizuka Arakawa?"[832].

Ikuhiko Hata(Modern historian) says that 96.1% of married couples choose their husband's surname, but this number excludes adopted surnames, and if a woman who does not want to change her name accepts the surname, the man accepts it Insist that there are many[833].

Tomoki Hino (Japan SRGM FederationThe representative) has set the current system of husband and wife as "formal equality", and "substantial equality" should be resolved by "sufficiently guaranteeing the option of'male reforming'". When the selective Mr. and Mrs. Betsu was introduced, "It is obvious that the 4% of men who had been reformed so far would say,'Then, Mr. and Mrs. Gender'." He argues that "the choice to change" is effectively "nearly nothing", so gender equality will be far away.[834].

Social system cost

Positive theoryNegative theory
Social loss, economic loss, cost, convenienceToshiaki Egami (an information scientist) and his colleagues professed that the change of Mr.CareerInsist that it may cause damage to[835][535][43][40].

Hirofumi Idota (a legal historian) said that under the current system, changing the surname of a person who has lived in society for many years is a great social loss.[821][73]And personal loss[836][837][838]And bring. Various procedures when changing his name are troublesome and costly (Asahi Shimbun[836]), Etc. are also pointed out.

Yoshitaka Miura (lawyer) finds it convenient if the surname does not change[839].

Yoshihiko Miyauchi(Orix Senior Chairman) points out the confusion that women who are active in society give to others when they change their surnames due to marriage.[804].

Masahiro Okuno(Economist) says that if she can choose her maiden name even after getting married, she will be able to broaden her international career.[840].

The period of using the maiden name is longer than before due to late marriage, the number of double-income families is increasing, and the loss is larger.[841][842].. By 1997, the number of double-income households had already exceeded the number of full-time housewives.[836]As of 2014, the number of double-income households was 1077 million, the number of households consisting of male employees and full-time housewives was 720 million, and the number of double-income households was significantly higher than that of full-time housewives.[843][502].

Yoshihisa Aono (President of software development company) states that the name is a brand in business, and changing it is an economic loss.[837].

Mutsuko Asato (President and CEO, Nampo) says that "the more women who become executives and managers, the more people will hit the wall at business unless the system is changed."[844].

Junko Ogawa (golf writer) says that even professional athletes have the disadvantage of changing their surname.[845].

Ayako Yawata (Professor of Education, Kumamoto University) says that business cards and family register names are not enough to understand that they are the papers of the same person as before the marriage, so it is complicated to use properly.[846].

Norihisa Iwata(Economist) argues that the choice of a couple will not cause other people to suffer disadvantages.[847].

Kazue Muta(Osaka University) argues that it is strange for good people to oppose without feeling any real inconvenience or hardship.[848].

Kazuo Yamaguchi(Sociologist/Professor at the University of Chicago) introduced the selective surname system for couplesPareto improvementIt is related to the basic concept of liberal social institution design, and can be supported regardless of the position of libertarians, social democracies, etc.[135].

Seiichi Kushida(Politician) said, "What happens to the copy of the real estate registry if the couple have the same surname and the same name? When I was forced to execute it, I thought it belonged to my husband, but it belonged to my wife. Not social turmoil. "[849].

Kuroiwa Sachiko (Professor of Iwate Prefectural University, Foreign Language Educator) is not a woman's independence or gender equality, but it is inconvenient for her surname to change in the middle of her life, and it is more rational to choose a surname for a married couple. Is trying[850].

Shuji Yagi(Japan Education and Regeneration OrganizationChairmanMeeting to create a new history textbookFormer Chairman) is not enough to make it necessary to revise the civil code, because it is enough for the inconvenience of occupation to be revised in each industry, organization/group, or individual laws and regulations.[851], Insist.
Problems related to using nickname

In the editorial, the Asahi Shimbun insists on the introduction of a selective system as it is a waste of tax to subsidize the local government by 176 billion yen only by repairing the system such as resident's card because the use of the maiden name is halfway and limited.[688].

Yoshihisa Aono (President of a software development company) insists that "it is inefficient for society as a whole to pay unnecessary costs every day to properly use the maiden name. If you give a legal basis, that is all you need." [852] , Regarding the announcement by the Ministry of Internal Affairs and Communications that a budget of 100 billion yen will be taken for system renovation to "make it possible to write the old surname on my number card etc." It is disadvantageous to the nation that the situation where it has to spend 100 billion yen can only be expressed as a national loss.[813]..In addition, "When concluding a contract with Cybozu, Inc., it is necessary to confirm with the Legal Department and make a contract after distinguishing between the common name" Aono "and the surname of the marriage.This time lag is a big loss for corporations that require quick economic activity. "[813].

Tomomi Inada(Politician) argued in 2018 that "using two family names in common names is confusing."[555].

Akihiko Reizumi(Writer) points out that it is difficult to operate passports with both maiden names without trouble, and it is realistic to introduce selective surnames for married couples.[853].

Reiko Sekiguchi (former professor at the University of Library and Information Science, plaintiff in the proceedings for the use of the maiden name) said, "Basically, it does not mean that a woman is recognized as a human being. "In this case, we can see that excellent women will be involved in the future of Japan depending on whether they go abroad or do not want to get married."[262].

Kyoko Morisawa (politician) says there are some hurdles, such as being unable to run for an election with his maiden name.[854].

Kaoru Onimaru(Former Supreme Court Judge) said, "Even if you are allowed to give your name, the name is just a common name, not a real name. On the contrary, allowing a common name is a public system such as taxes and pensions. Every time you use, a complicated procedure is required. "[855].

Japan ConferenceClaims that expanding the use of maiden names can eliminate the disadvantages[262].

Declining birthrateMasahiro YamadaAs many sociologists often ask for selective surnames for married couples for the survival of their family names, compulsory marriage of married couples is an obstacle to marriage and contributes to the declining birthrate. Pointing out[856].

Yoko Itamoto(National Regional Marriage Support Center representative) is a major cause of the declining birthrate due to a lower marriage rate, and allowing a selective surname for a couple is likely to increase the marriage rate and is very effective as a measure against declining birthrate. It is considered that this is a measure to be taken, and there are many unmarried men and women, especially in rural areas, and the provision of the same family name is an obstacle to marriage.[857].

Yasushi Ogasawara(Meiji UniversityProfessor), Tomoyuki Watanabe (Hitotsubashi University(Professor) argues that in order to improve the birth rate, it is necessary to radically rethink the view of family that does not even allow the selective surname system for couples.[858].

Akihiko ReizumiAs one of the necessary reasons, the (writer) said, "The value of" marrying and matching the surname of the patriarch "leads to male-dominated women, and as a result, the joint sharing of housework and childcare is delayed, leading to a declining birthrate. It overlaps with the serious problem of[859].

Tsuyoshi Natsuno(DwangoPresident and CEO) argues that the birth rate of 2 can be seen by increasing the safety net for child-rearing.[860].

Katsuyo Katsuma(Critic, Audit and Analysis Director) argues that in order to stop the declining birthrate, everything that seems to be useful for measures against the declining birthrate, including the selection system, and promotion of a gender equality society should be implemented.[861].

Tradition / family system

Positive theoryNegative theory
TraditionScience Council of JapanIs not a traditional Japanese culture, but a result of the establishment of a family system under the Meiji Civil Code.[20].

Yuki Senda(Musashi University professor of modern society) said, "I wonder if the idea that a married family surname after the Meiji era is the original family form can be called a "Japanese tradition"" Arguing that the[862].

Exit Akira(Lifenet Life Insurance Chairman and CEO) said that if he recalled the Heian period when his husband was a wife's marriage to his wife, it was immediately clear that Japan was also a country of surnames by couples. It is pointed out above that Japan is the only developed country in the world that is a member of the Organization for Economic Co-operation and Development (OECD) to compel you to have the same surname for legal marriage.[805].

Seiko Noda(The politician) said that the history of surnames for married couples is from the Meiji era onwards and is the same as the history of the post office. It is said that conservative politicians who continue to say that the married couple's surname is a Japanese tradition are uncomfortable.[863].

Masahiro Yamada(Sociologist) argues that the married couple's surname is a Japanese tradition, and that the current married couple's surname system should be enforced by law as part of the Westernization policy of the Meiji government and that diversity should be recognized.[864][865].

Shinichi Yoshida (a scholar of law) should not "force tradition" even if he admits that Mr. and Mrs. Tsutomu, who has a history of only about 100 years, is a Japanese tradition.[36], Insist.

Yuko Tanaka(Hosei UniversityThe president) argues that the samurai family in the Edo period had different surnames for their spouses, so there is no option for the same surname, and now there is no option for another surname, but it is better to have one.[866].

Kazuo Yamaguchi, a sociologist and professor at the University of Chicago, adopted the law of "married couple's surname (the same person)" after 31, when the revised civil code was promulgated, which was modeled after Germany (German Empire) at that time. It is considered to have been done in Japan and cannot be called a Japanese tradition. Moreover, in the present age when the number of female professionals has become the majority, it is entirely unreasonable to continue the system that does not respect individual preferences, regardless of tradition.[135].

The Sankei Shimbun argues that the "family sense brought by the same family name" is a Japanese tradition and culture.[796].
family name-RitualYuichiro Sakai (Fukuoka Prefectural University) prays for the realization of a family surname, which he says will be legalized.MaintenanceThere are also a lot of people, and some feminists, on the other hand, oppose another surname, pointing out that it is irrelevant that many opposition criticize selective surnames because of opposition to the gender movement.[867].

Japan Agricultural NewspaperFor example, if the eldest son and the eldest daughter get married, the introduction of the selective surname systemGravePoint out that there may be more options to protect[535].

RitualThe president ofGraveThe inheritance of is also possible with another surname. The "grave of the XX family" is not universal, and there is no regulation that the grave of Mr. Mr. Also, due to the declining birthrate, more and more one-child marriages are occurring, and free methods are being devised regardless of the surname problem (Japan Federation of Bar Associations).[42]).

"Sisters' Association that wants to inherit the name of their parents' home" is calling for a selection system to solve his inheritance problem[597][598].

Tomoki Hino (Japan SRGM Federation(Representative) said, "If we promote" gender equality "in Japan, it goes without saying that the rights of" trace sons "and" trace daughters "are" formal equality, "but of course," substantial equality. " From the standpoint that "there must be secured," "the number of single-children's families has increased, and the number of cases where only daughters are the only successors to conservative families will increase steadily." If he is introduced, the number of "men who will change" will decrease more than now, so at that time, conservative women said, "Because it is selective, the choice to take over my house is guaranteed, right?" By the way, there is no guarantee that we can overcome social pressure. "[834].
Family register systemYuichiro Sakai (Fukuoka Prefectural University) asks those who wish to introduce a selective couple, a group that asks for "to inherit the family name", a group that does not care about family register, and abolition of family register and the same system There is a group.However, some people who want to abolish the family register say that there are groups who are critical of legal marriage itself and critical of selective couples.[867].

Tohashi Hashishita (politician/lawyer) said that the current family register system should be abolished or should be a complete individual family register,My numberIt is said that it is possible to build a solid system by using such systems. Alternatively, as a second best measure, it is possible to keep the current family register system and to register the individual family register only when the surname (Mr.) of the couple is used. If an opposition argues that "belonging to the family register ensures family cohesion," it should argue that it applies to foreigners as well, and the opposition says the logic is broken.[558].

Kimura Kusata(Legal scholar) said, "Current family register is compiled based on the two principles of "marriage family registration principle" and "same family registration principle", but it can be seen from the fact that this does not apply to foreigners. As such, it is not an indispensable principle to enjoy the effect of legal marriage. It should be easy for a married couple to have a single family register for each married couple.”[868].

Sumiko Matsuda (Yamagata Prefectural Yonezawa Women's Junior College), Japan exported the family register systemTaiwan, South KoreaNow that they have separate surnames, it is possible to introduce a separate surname system, and insist that it is sufficient to create separate family registers for married couples who chose separate surnames.[869].. In addition, Matsuda named Fumiaki Sato as a representative of the surnames by married couple, and if he wanted a surname by married couple, he would abolish the family register system and make it an individual status registration system, and by breaking down the registration for each "house," It introduces not only the assertion that the roots of discrimination against vulnerable groups, including foreign residents in Japan and illegitimate children, should be eliminated.[869].

Keiko Kojima(Essayist) states that the current family register system may not be possible in Japan, which has become increasingly unmarried and has diversified partnerships and lifestyles.[870].

Masanori Niimi (medical scientist) has no reason to dare to deny the selection system,personal numberSince it is possible to identify an individual regardless of the surname if there is, "a system that gives a completely new surname when married" is also acceptable.[871].

Junko Oyabu (photojournalist, former honorary officer of the National Center for Sexual Violence Investigation) also argues that the family register system is no longer necessary because all people are registered in the My Number system, and it is an opportunity to introduce a selective surname system for married couples. doing[872].

Yuichiro Sakai (Fukuoka Prefectural University) is a group that fundamentally advocates the "marriage homosexuality principle" for those who disagree with or are critical of selective surnames for married couples and do not consider the family registration system to be a problem (or insist on adherence). There are two different groups, a group that is critical of legal marriage itself (which is also critical of the legalization of surnames for married couples) with the aim of abolishing the family register system.[867].

Ikuhiko Hata(Modern historian) argues that it is not possible to compare the family surname system with countries that do not have a family register system.[833].

Ayako Kubu(Historian), in his 1989 discussion, because Japan's Mr. is closely related to his family register, it is not possible to easily introduce an optional system, and both family names and surnames are cultural and may differ from country to country. However, it was argued that it was premature without sufficient discussion.[869].

Tomoki Hino (Representative of the Japan SRGM Federation) insists that "what is actually submitted to the Diet is to realize a married couple in the current family register marriage" and "a married couple in a family register marriage". As mentioned above, as a matter of course, overseas examples cannot be used as they are, because the Japanese family register system is the only one in Japan. "[834]..In addition, from the results of the Cabinet Office opinion poll, "more than XNUMX% of people regardless of age and gender think that their surname (Mr.) is the name of their family" and "The people deny the principle of the same family name." It's hard to say that you want it. "[873]Insists on the introduction of a "marriage system selection system" that maintains the principle of "same family registration"[834].

How the family should be

Ayako Uchida, a member of the investigation room of the Legal Committee, said that the pros and cons of selective surnames are largely conflicting in the discussion about maintaining a traditional family model.[21].

Positive theoryNegative theory
Family viewIt is argued that many opposition to the surname system for selective married couples are out of date for Japan's opposition to "because of the loss of family unity".[47][874][864][875][876][877][878][879][880].

Kazuo Yamaguchi (sociologist, professor at the University of Chicago) says that there is no theoretical or impact on the divorce rate, and there is no proof that the divorce rate has increased in countries that have introduced the selective system.[135].

Ryukyu ShimpoIn the editorial, there is no basis for pointing out that family ties will be broken, and it is rude to conclude that a common-law family has no sense of unity.[881].

Hiroshi IwataUnder the current system, (historian) marries his husband's husband (98%[821]2015% in 96 coverage[824]) Means that the husband enters the “home” and is connected with being considered as a “bride”, and for the married woman, the change of surname seems to mean subordination to the man. doing[821].

The Nara newspaper column "Kunihara" points out that there is still a strong sense that women enter the "home" of their husbands due to marriage, and there is a sense of incongruity with their surnames for married couples.[882].

Yoshihisa Aono (President and CEO of Cybozu) has come to have various things like "the view of the division of roles between men and women" and "the way Japanese families should live" as their surnames for married couples have continued for a long time. To say[502].

Mikaoka Karima Elsamney(The writer) said, "I can't think that a family forced to be tied up by the compulsory homonym system in Japan is happy."[883].

What is the married couple surname system?Patriarchal system,FatherhoodOr a consciousness equivalent to itDVIt is pointed out that it is the cause of (RE Dobash[884], K. Yllo[885],[886], Kyoto Matsushima[887]).

Minada airflowThe sociologist argues that the selective surnames for married couples are not criticized as "breaking the family" because the married couples who want to choose the same surname can still choose the same surname. Although it is considered that the majority will probably not choose even if the selective surname is introduced, it is a fact that there are people who urgently need it, and it is not strange to want to restrain even "the way of life of others". Or, he says that one should look at the actual family life in which one lives, rather than the mere corpse "family image as an idea."[888].

Fujiko SakakibaraAccording to the (lawyer), there is a case in the opposition that the legislative purpose of Article 750 of the Civil Code was "to foster a sense of oneness with the family," but the Tokyo District Court ruled in 25. Such claims are clearly rejected, and a system that enforces the same surname in the legislative document is neither explained as "indispensable to the marital system or due to the essence of marriage". Certified[889][890].

Tomomi Inada (politician) pointed out in 2018 that "there are many marriages between the elderly"[555].

Ayako Uchida (Law of the Legal Affairs Committee) says there are dissenting opinions, such as "selective couple surnames disrupt traditional family models, kinship relationships, ancestry, customs (graves, care issues, etc.)."[21].

Hyaku emblem(Japan Council Director)International agreement(Article 10(1)) states that family protection by country is stipulated, and that the selective surname system for couples goes against it.[891].. Hyakuchi also argues that the current married couple surname system fits the spirit of the Constitution to "protect the family."[891].. Hyakuchi also argues that the introduction of surnames for couples can easily lead to a loss of family ancestry, which may adversely affect the Japanese moral sense of respecting ancestors.[892].

Shuji Yagi(Japan Education and Regeneration OrganizationChairmanMeeting to create a new history textbook(Former chairman), if the selection system is approved, the family name cannot be called the family name and it will affect the family with the same family name, so all the people should discuss the system of one country.[893][851]Insisted.

Japan ConferenceInsists that "the same-surname marriage system is meaningful as a family name for" family "" and that the principle of same-surname marriage and same-child parent-child should be maintained.[262].

Takahashi Shiro(Parent-school promotion associationChairman·Japan ConferencePolicymakers) oppose the option system breaking family ties[644].

Shinto Political FederationAccording to the media Shinto Association of Spirituality Web NewsTakao Mori(Educator/Parent-school promotion associationThe special committee member) argues that if the couple has a different surname, the family ties will be weakened, the surname different from the parent will cause trauma, the parent-child surname will develop into bullying, and the feeling of loneliness will increase.[650].

Akihiko Kato (Professor, Meiji University)JusticeThe magazine argues that the selective marital surname system is a disruption of the customary law that regulates kinship and is likely to cause a loss of the grandparent's important source of parenting and reduce birth rates.[894].

Oppose selective surnamesJapan Policy Research CenterAccording to the magazine "Choices for tomorrow", Teru Ishihara (lawyer)Social groupArgue that they should be married couples (1995[895]).

Satoshi Kiyoguchi (reporter of the Sankei Shimbun) says that if there is a woman (or man) who sticks to her surname and gives up on her marriage, she should say goodbye to them.[896].

Religious corporationNew Buddhist cultOf a religious paper based onJapanese Current CriticismArgues that surnames for selective marriage are "encouraging divorce" and "denying marriage system," leading to "family breakdown" and increasing "drug addiction" and inducing crimes, leading to social devastation.[665].

Discussion about child

Sota Kimura (constitutional scholar) says that the same-name provisions of the Civil Code exclude couples who wish to have different surnames and their children from legal marriage, and have a negative impact on the family's sense of unity and the interests of their children.[780].

Kazuo Yamaguchi, a sociologist and professor at the University of Chicago, commented on the popular argument that "children are bullied if their parents are surnames", but such bullying was "psychologically due to intolerance of others' freedom." ``Cost'' is the cause, and for that reason it is unwilling to force the same surname, and it is bullying and discriminatory acts that should be banned[135].

Kazuko Honda(Children's scholars) argue that the negative impact on children is caused by the intolerant social climate, and that the revolution of consciousness should dispel the uniform orientation.[21].

Ayako Uchida (Legal Affairs Committee Research Office) has the opinion that if the separate system is legalized and made known to society, "bullying" based on prejudice will disappear.[21], And.

Reiko Otsuka (journalist) actually interviewed a child of a married couple and said that the family was good friends, that the child was poor (as often said in dissent), the child Introducing the desire to introduce selective surnames for couples as early as possible, and more and more people will be able to exert their strengths if the society as a whole recognizes "diversified values". Is trying[897].

Ikuhiko Hata(Modern historian) argues that the problem of selective surnames for married couples is that surnames for parents and children do not exist, and there is no good idea to decide the surname of a child, and wrinkle will go to the child.[833][833].

Abiru Rui(Sankei Shimbun reporter) says that in the case of selective married couple surnames, if a married couple who chooses another surname has a child, the child will always be a surname of one parent and自由Arguing that it affects not only the issue but also the human rights of children[898].

Shuji Yagi (Chairman of the Japan Educational Revitalization Organization and former chairman of the new history textbook) has introduced a surname system for selective married couples. Questions, when to decide, what to do if more than one is born, etc.[851], Insist.

Hyaku emblemRegarding the introduction of the selective system, Mr. (Japan Council) introduced a family name by parent and child, and said that "the diminishing sense of unity between the parent and child and the anxiety of the child would hinder their growth," leading to the collapse of the family. Claim to be connected[891][892].

Yamaguchi(Tamagawa UniversityProfessor), in his 2007 book, argues that in the case of surnames by couple, there is a dispute between the couple that they want their child to be their surname. Yamaguchi argues that even if a child is given the option to change his or her name after adulthood, it is cruel to make that choice.[899].

Relationship with same-sex marriage

Regarding the same-sex marriage, Ken Suzuki (law scholars) said that legal marriage between same-sex couples should be allowed in view of legal security for same-sex couples, and then marriage between same-sex couples will actually be accepted. In such cases, it may be said that it is strange for either of them to change their family name at the time of marriage, so in that case, revision of the same family name surname is unavoidable even in heterosexual marriage, Is trying[900].

Current situation / situation

Positive theoryNegative theory
Public opinion debateAtsuko Muraki(Former Secretary-General) said in the 2017 opinion poll by the Cabinet Office, although the number of people aged 70 and over was less than 5%, those in their 60s exceeded 6% and those in their 50s and under exceeded 8%. However, it is pointed out that the majority of those in their 20s and 30s, who are the center of marriage, have a large number of selective couples who accept surnames. It cannot be said that "the opinions of the people are largely divided"[901].

In response to the fact that the Japanese government cited the fact that public opinion was divided as the reason for not submitting the bill, the International Covenant on Civil Rights B, the Human Rights Committee, should not talk about statistical surveys to justify the attitude regarding the law. Criticizing[20].

The United Nations Commission on the Elimination of Discrimination against Women states that the obligations of States parties to ratify this Convention are not solely dependent on the results of public opinion polls, and that this Convention is part of the domestic legal system of the States Parties. It should be based on the obligation to maintain domestic laws in line with the provisions of[20].

Hyakuji (Director of Japan Congress) argues that the majority of people who agree with a selective marriage surname are negative, and that the system should not be modified for a minority. Are[892].

Kenta Yamada(Osaka Prefectural AssemblyCongressman,Constitutional Democratic PartyAccording to the results of the 2017 Cabinet Office poll, "53.7% of people think that the couple should have the same surname, but only 8.4% think that they actually want to change their surname due to the revision of the law." Since it costs a lot to change the current social system (Family Register Act), it is desirable to gradually modify the current situation (make it possible to use the common name without inconvenience). "[902].

Discussion on movements in the religious worldNoriko Kawahashi (religious scholar, professor of Nagoya Institute of Technology) should say in the religious community that the Shinto community is leaning to the right, and that they are opposed to the surnames of couples regarding gender equality and the movement to oppose surnames of couples. It's not like that[903].

Inoue Nobutaka(Religion scholars) said that the association of Shinto shrines is in the opposite position, and the surnames of married couples are common in East Asia, and it was in the Meiji era that Japan obliged the same surnames of married couples. "Created traditionIs enjoyed as a tradition suitable for Japan.[904].

International situationThe Nihon Keizai ShimbunConvention on the elimination of all forms of discrimination against girlsJapan claims that Japan, which has forced the same surname of married couples even 30 years after ratification, is subject to international criticism.[905].

Japan has been recommended by the Committee on the Elimination of Discrimination against Women three times to revise Article 3 of the Civil Code, but in the May 750 proceedings, the plaintiff stated that Japan has ratified the Covenant on Civil Rights and the Convention on the Elimination of Discrimination against Women. , Claims that Japan is obliged to comply with the treaty under Article 2018 (5) of the Constitution.[827].

Haruaki Deguchi (Chairman and CEO of Lifenet Life Insurance Company) claims that the current legal situation is "Galapagosian".[805].

United Nations Women's Secretary-General Pumjire Murambonukka has criticized Japanese law, saying, "We must have choices to ensure gender equality."[906].. In addition, the US State Department's annual report on human rights in 199 countries/regions (2015 edition) also mentions the civil law provisions that do not allow surnames for couples in Japan.[907].

Yoshihisa Aono (President of a software development company) has responded that the government "does not know any country other than Japan that requires the couple in the world," while Japan has ratified the discrimination against women. Japan has been recommended three times by the treaty body of the Convention on the Elimination of the Elimination to revise the provisions of the law that stipulates the couple, but such a Japanese attitude is not only for Japan but also for international activities. It also undermines the trust of individual Japanese companies.[813].

Masayuki Tanamura (law scholar and professor at Waseda University) said, "It is clear that Japan is behind in the fact that selective surnames for married couples are not recognized even among developed countries and in neighboring countries in Asia."[908].

Huang Jingyi (Family law scholar, Suin University) said, "Today's international legislative trend is to let the couple choose whether to keep the same surname or leave another surname at the time of marriage. It has been adopted by consultation. Thus, surnames are gradually becoming a collective designation rather than a collective designation."[909].

Ikuhiko Hata(Modern historian) argues that the world's surname situation is diverse and has nothing to do with "discrimination against women".[833].
Discussion on the movement of the legislature

Fujiko SakakibaraIn 1996Legal councilThe outline of the civil law revision proposalLegislative officeIt is abnormal that it is left unattended for a long time[20][910][889], Insist.

Kasai Daihaku (Mainichi Shimbun) said the Supreme Court ruling "should not be irrational about the selective marital surname system, but should be discussed in the Diet." Hit[911], Insist.

Yoshihiko Miyauchi(Oryx(Senior Chairman), the bill proposed within the Liberal Democratic PartyParty detentionRegarding the fact that it was not approved by the party, "it is not necessary to bind the party to the proposal to "determine your own name"" "It is important to have unity within the political party, but depending on the content of the task, the party faction color It is critical to think out of each person with good sense and give an answer."[912].

Taro Kono(Minister in charge of administrative reform) said, "It is okay to take a decision by removing the party discipline in the Diet and stating what the members think."[913].

Hiroshi Ogushi(Politician) says that the more women participate in politics, the bigger the problem will be.[914].

Other discussions

Commentary on the 2015 Supreme Court decision

CriticismJudgment support

Sota Kimura (a constitutional scholar) said that there is no "infringement of freedom that does not force him to change" nor "inequality between men and women" in Article 750 of the Civil Code,MediaDespite the strong repulsion, he said, "The legal theory of plaintiffs' claims is reasonable and unavoidable."[780]. However, even though it is not inequality between men and women, there is inequality between "a couple who accepts Mr.'s change" and "a couple who does not accept Mr.'s change". It is said that it can be resolved by giving the same rights to legal marriage as to legal marriage[780][915]..In addition, Article 750 of the Civil Code states that "only excluding couples wishing to have a different surname and their children from legal marriage" "has a negative impact on the sense of family unity and the interests of children."[780].

Mari Miura(Political scholar) said that the judgment reflected the profile of the previous job, whether he was from a judge or a lawyer.[916].

Masanori Niimi (medicine) cited the possibility that he was unconstitutional if the ratio of male and female judges was almost equal.personal numberIf there is a person, it is possible to identify an individual regardless of surname, so he argues that "a system that gives a completely new surname after marriage"[871].

Akiko ShimoshigeAs the number of crimes such as murder among family members increases, the (writer) is illusion that people who say "My family are happy" just believe in the family of "individuals" and "just want to have a good face outside". "It is only in Japan that married couples have surnames in developed countries," the constitutional ruling claims to be "obsolete and embarrassing."[917].

Akio Tsutsumiuchi (Senior Fellow of the Japan Philanthropic Association) has diversified his outlook on marriage, as seen in the spread of same-sex marriage worldwide, and told all couples that they should give the same surname as a family. On the other hand, there are few countries where the law stipulates uniformly, and it is expected that discussions will be based on diverse values.He added that changes in the democratic structure of the declining birthrate and aging population should not bring about silver democracy and distort the decision-making debate on social institution building.[918].

Masashi Ito, an editorial writer for the Mainichi Shimbun, said in an editorial writer for the Mainichi Shimbun that "it is extremely doubtful that women will understand the constitutional decision." There are many people who feel that, so he insists that the introduction of a selective system should be promoted.[919].

An editorial in the Tokyo Shimbun reports, "It is discriminatory that only one must change a surname that was judged by the high court to be part of the moral rights."[700].

The Ehime Shimbun said that the constitutional ruling was "internationally obsolete and strongly criticized for unfair discrimination against women." While family bonds and "forms of happiness" differ from person to person, "the law makes it difficult for individuals to live. On the contrary, if it becomes a reason for discrimination or exclusion, it will be a fall at the end of the life.''[920].

The Ryukyu Shimpo reported in its editorial that it was a decision that entrusted the Diet with judgment and that it did not fulfill its responsibilities as a "guardian of the law," and urgently needed to revise the law in the Diet.[881].

Tokuharu Izumi(Former Supreme Court Judge) says that the revision is not progressing in the Diet because this issue is related to the minority right, and it is difficult to expect because politicians are always strongly aware of the majority, and to protect the human rights of the minority. Although only the court can do it, he criticizes that "this judgment does not play the role that the court should play"[921].

Yoshiki Yamaura(Former Supreme Court Justice) said, "The trials over the family are influenced by the judge's view of life and family. I want you to stay affirmed by past values." It is important that many judges will feel embarrassed about Japan's situation by international standards."[922].

Kaoru Onimaru"When it came to men's home problems, those who were democratic in other cases were quite strongly opposed to the ruling," said the former Supreme Court judge. "Men and women have different perspectives on various cases." If it changes, we should increase the number of female Supreme Court judges in proportion to the population. "[855].

The Sankei Shimbun argues that the ruling is valid and that public opinion that "does not want" more than 8% should be taken into consideration.[796]. Many judges argue that they decided that the constitution was constitutional because "the disadvantage can be mitigated by the widespread use of the popular name"[923]. In addition, Mr. Terada, in a supplementary opinion, said that the parents and children have different surnames, "while leaving the scope of discussion on what to do with the husband and wife while presuming a relationship with the child born out of wedlock", Discussing the surname of the child, when to choose the surname after marriage, whether to select the surname for each child when a couple has multiple children, and whether to unify with the siblings, etc. Reports that[923].

Shuji Yagi(Japan Education and Regeneration OrganizationChairmanMeeting to create a new history textbookFor the first time in history, the Supreme Court ruled that the family was a "component of society" and a "natural and basic group unit of society."Universal Declaration of Human RightsArticle 16 andInternational human rights agreementA Terms (International Covenant on Economic, Social and Cultural Rights) Insisted that the decision emphasized the significance of the family community because it was based on the contents of Article 10.[893].

Commentary on the 2016 nickname litigation judgment

There are also various comments on the Tokyo District Court decision in 2016 regarding the use of nicknames by female teachers.

  • The Nihon Keizai Shimbun criticized in an editorial on October 2016, 10 that the ruling did not understand the flow of society.He also criticized the Supreme Court ruling in the first-choice married couple's surname lawsuit in December 16, which was inconsistent with the judgment that "the disadvantage of changing the surname can be alleviated to some extent by using the common name."[924].
  • The Mainichi Shimbun criticized in an editorial on October 2016, 10 that it lacked an understanding of the fact that the use of maiden names is widespread. It is also inconsistent with the Supreme Court ruling in the first selective marital proceedings in December 13, which stated that "the disadvantage of changing the surname will be alleviated to some extent by the social spread of the use of the maiden name." Criticizing[925].
  • Shuhei Ninomiya (a scholar) denied that the district court decision was "not socially accepted", which was the premise of the Supreme Court decision of the first selective marriage surname in December 2015. The Supreme Court says that it is said that they should allow selective surnames for couples.”[926].
  • The defendant's director said, "This trial has the composition of "individual identity vs. school identity." However, if there is a law that allows alternate surnames, we would not have to fight such a battle. Should be"[926].

Status of each country

Asia

East Asia

Blood relationshipStrong consciousnessConfucianismIn the cultural area, there are many countries with different surnames and different names for married couples.[864][927][928][864].

Japanese flag Japan
Under the current law, the couple.The only exception is international marriage.
Republic of China flag Republic of China
You can select a married couple's surname or a compound surname (crown surname). Under the Civil Code of 1985, in principle, the surname was given, and if the parties made a special arrangement, the surname was given.[929].. In the 1998 revision, it was revised that, in principle, the real family name can be used as it is and can be used as the crown family name.In the workplace, I often used my real family name instead of my family name.[930]..In principle, the surname of the child was the surname of the patrilineal family (the opposite is true for the husband), but with the revision in 1985, if the mother has no siblings, the surname of the mother can also be used. It is now possible to have different surnames for siblings[930].. HoweverGender equalityContrary to the principle, the 2008 revision of the Family Register Act required parents to agree on the surname of their child, sign it, and submit it.If there is no agreement, the government office will decide by lottery[931]..In addition, adopted children can now maintain their real surnames.[909].. The 2010 amendment allowed adults to change their surnames freely[909].
Republic of Korea flag  South Korea
Name each person (surnames by couple)[932]..In principle, the surname of the child was the surname of the father, but the 2005 amendment made it possible to use the surname of the mother if the parents consulted at the time of marriage registration.[933][934].. In addition, ancientRitual systemThe family registration system similar to that in Japan, which has been in existence since its introduction in 2008PedigreeIt has been abolished as a system without a justifiable reason based on[935]..Also, from 2008, it has become possible to use the family name of the child that the mother took after the divorce as the family name of the mother.[936][937].. Note thatSame name and same book Not marriedWas abolished in 1997 after the Constitutional Court ruled unconstitutional in 1999.[938].
Democratic People's Republic of Korea flag north korea
There is no provision regarding Mr. Marriage in the current law, and you can continue to use your family name.Married couples have equal rights.Same name and same book Not marriedThere is no provision for[939].
Mongolia flag Eur-lex.europa.eu eur-lex.europa.eu
Mr. and Mrs.[940]..The first and last name of Mongolia consists of surname + patronymic (father's first name) + first name (person's first name).The surname was abolished once in 1925, but was reintroduced in 1999.[941].
Flag of the People's Republic of China Chugoku
Select from married couple surname, compound surname (crown surname), and married couple same surname. The Marriage Law of 1950 granted "the right to use your first and last name"[942][943].. With the 1980 revision, the surname of the child will be chosen from one of the parents,2001The amendment made the wording more equal for married couples, but traditionally the father's surname is used.[944]..There is also a family register system in China, and there is a debate by all means.[945].

Southeast Asia

Kingdom of Thailand flag Thailand
Choice system. The 1913 Amendment Act (Article 1941), which requires all citizens to have a name, and uses another person or husband's name and wife's husband's name, was unconstitutional by the Constitutional Court in 12. Judgment goes down[946], Revised in 2005.Under the current law, there is a selection system from Mr. He, Mr. Betsu, and Mr. Combine.[257][947][948]..The child's name can be selected from either parents[949].
Philippines flag フィリピン
Prior to 2010, at the time of marriage, the wife gave her husband the husband's.middle nameIt was a choice between adding as, using the husband's name, or adding Mrs. to the husband's full name.However, in 2010, the court ruled that only his own may be used from the perspective of respecting women's rights.[950]..Now it is possible to have a married couple[951][952].
Malaysia flag Malaysia
Mr. does not change at marriage[953][954].
Singapore flag Singapore
You can select another person or the same person.Many are different[955].
 Indonesia
Usually Mr. and Mrs.He often gives his husband's name as a popular name.It is also possible to change the male side[956].
East Timor flag 東 テ モ ー ル
There are areas where there are many different people, and there are areas where there are many Kai and compound people.[957].
Brunei flag Eur-lex.europa.eu eur-lex.europa.eu
A wife may use her own name separately from her husband[958].
Myanmar flag Myanmar
More than 9% of the people do not have a surname, and their names do not change at the time of marriage[959]..There may be one or many name clauses[960][961].
 Eur-lex.europa.eu eur-lex.europa.eu
The name does not change at the time of marriage.The name consists of about 2 to 5 names, the first name is the family name and the last name is the given name.Depending on the traditions and tastes of the parentsmiddle nameSometimes not, sometimes more than one[962][963].. Vietnam government announced the removal of the family register system in 2017[964].
Cambodia flag Cambodia
Mr. does not change due to marriage[965]..Names are in the order of "name, first name"[966][967].. Many surnames are the same as those in China and Vietnam.[968]..In many cases, the child's name is the father's name, but sometimes the father's name is the child's name, and the siblings may have different names.[969].
Laos flag Laos
Another or Mr.[970][971].

South Asia

Indian flag India
There are no strict legal provisions at the time of marriage.You can change your name freely[972][973]..However, as of 13, there are reports that India has a "same system" (Gender equalityMeeting Basic Problem Special Investigation Committee)[932].. Marriage registration has become mandatory since 2012, but at the time of registration, a new person will be delivered if the person changes.[974].HinduIs the couple[59]on the other hand,SikhAlways has "Singh" for men and "Kaur" for women, and does not change with marriage[975].MaharashtraThen, it is possible to retain the premarital name at the time of marriage2011Is written in[976].. In 2017Narendra ModiThe Prime Minister says women do not need to change their passports after marriage[977]..It is also reported that there was no need for change than before.[977].
Nepal flag ネ パ ー ル
Once married, a woman can use either her father's or mother's name or her husband's name.[978].
 ãƒ– ー タ タ
He is named for each individual, not the "house name".No change due to marriage[979].
Bangladesh flag バングラデシュ
Some women change their minds at the time of marriage[980].
Sri Lanka flag Sri Lanka
If no procedure is taken, there will be no change at the time of marriage.If you want to change your name, start using it at the time of marriage and follow the procedure when you need proof.[981][982].
 Pakistan
Another or husband's.Islamic law does not require you to change to your husband, and many Islamic residents are different.[983].
Afghanistan flag アフガニスタン
Women traditionally do not change their marriage at the time of marriage.Some women change their minds in English-speaking countries[984].

Central Asia

 Eur-lex.europa.eu eur-lex.europa.eu
Select from another, same, and compound.If you are already a compound, you cannot add it.Even if you change your mind, you can return it when you divorce[985].
 Eur-lex.europa.eu eur-lex.europa.eu
Select from Mr. Betsu and Mr.[263].
Kyrgyz flag Eur-lex.europa.eu eur-lex.europa.eu
Select from another, same, and compound.If you are already a compound, you cannot add it.Even if you change your mind, you can return it when you divorce[986].
Turkmenistan flag トルクメニスタン
Select from another, same, and compound[987].
Tajikistan flag Eur-lex.europa.eu eur-lex.europa.eu
Select from another, same, and compound[263].

South Caucasus

Azerbaijan flag アゼルバイジャン
Select from another, same, and compound[988].
Armenian flag アルメニア
Select from another, same, and compound[989].
Georgia (country) flag ジ ョ ー ジ ジ
Select from another, same, and compound[990].

Middle East/West Asia

In Arab countries in the Middle East and North Africa, Muslim women traditionally do not change at marriage[991].

Turkish flag トルコ
Selection system from the same person, another person, and compound person. The 2001 amendment of the law first recognized a female compound.[992], In 2014, an unconstitutional ruling was made not to allow only the premarital name to be named, and it became possible to continue the premarital case.[993][994][995].
Israeli flag イ ス ラ エ ル
Betsu, his choice system.Middle name can also be used[996].
Iran flag (I.e.
Usually, they do not change their name at the time of marriage, but some women add their husband's name behind them.[991].. Until 1976, the husband had the right to decide on a family member, including his wife, but now any member of the family can decide on his own.[997][998].
Iraqi flag (I.e.
Normally, he does not change his name at the time of marriage, but some women make him his husband in a Western style.[991].
Saudi arabia flag Saudi Arabia
Do not change at the time of marriage[999]..Same for adoption[303].
Kuwait flag クウェート
Women do not change their name at the time of marriage[1000].
Bahrain flag バーレーン
Women do not change their name at the time of marriage[1000].
Qatar flag Qatar
Cannot be changed at the time of marriage[1001].
United Arab Emirates flag United Arab Emirates
Traditionally do not change at marriage[1002].
Syrian flag (I.e.
Muslim women do not change their marriage at the time of marriage.Some women change their minds[1003].
 Oman
Women have the right not to change their marriage[1004].

Europe

Western Europe

British flag The United Kingdom
Traditionally, there are no legal provisions regarding him, and he can change him freely as long as he has no intention of fraud, and he, another, or compound can choose.Traditionally, a wife calls her husband[932][303]..The child's name can be freely attached as long as it does not violate public order and morals.[1005].
Irish flag アイルランド
Select from Mr. Betsu, Mr. He, and Mr. Compound (referring to his spouse with his middle name)[1006]..The child's name chooses from father, mother, or both[1007].
French flag France
As mentioned above, the wife can call her husband's name as a common name.[1008][1009].2013Can be used as a common name for both husband and wife[1010][1011].. Before 2004, the child's name was his father's, but the 2005 amendment law allows him to choose between parents and a compound that connects both of them with a hyphen.[1012][1005][1013].. From 2013, if the couple cannot agree on the child's name, it will be the alphabetical combination of the parents' names.Adopted will be Mr. Bond[257].
Dutch flag Netherlands
Select from Mr. Betsu, Mr. He, and Mr. Compound (posting his own name after the selected spouse's name)[1014].. As of 2001, the husband's name is unchanged, and the wife is the husband's (same) or own (separate).It is reported that the wife can also postpone her own.[932]..In the past, it was said that after marriage, the wife would change to her husband's name, but the name law was amended and it became an optional system.[1015]..The child's name can be either, but the children of the same parents must be the same.[1016].
Belgian flag ベルギー
Mr. does not change depending on marriage[1017][953]..The only child was the father, but since 2008 the mother has also become available.[1018].
Luxembourg flag Luxembourg
Marriage does not change the legal name.However, with the permission of the spouse, he can be used as a common name (it can be used as a common name. Even after divorce, he can continue to use it with the permission of his former spouse. (Needs sufficient reason for change)[1019][1020][1021]..Regarding the child's name, it was once defined as the father's name, but with the revision of the law in 2006, it became possible to select from the father's name, mother's name, and compound (in any order).[1022][1023].
German flag Germany
In the past, his husband's birth was stipulated by the Civil Code, but in 1976 his wife's birth and compound were allowed to choose.Furthermore, with the revision of the Civil Code in 1993, if the couple's name is not specified, it becomes an optional system to become another person.[1024][55].. As for the child, if both parents have custody, either child can be used, but it cannot be changed for each child. If you change your husband and get divorced or bereavement after marriage, you can choose to return to the old one, or you can select the double name to add your maiden name to the married person.[1025][303].. According to a 2016 survey by the German Language Association (GfDS), about 75% of husbands and wives are married, about 12% of other marriages (neither husband nor wife is changed), and about 8 combined men. %, wife's engagement was 6%[1026]..In addition, regarding the adopted child, you can select from the adopted parent or a combination of the pre-adopted and the adopted parent.[1024].
 ã‚ªãƒ¼ã‚¹ãƒˆãƒªã‚¢
Until 2013, in principle, the husband's name, if there is a decision, the wife's name, or a compound person who follows his own name[932]However, after April 2013, he became a separate person in principle unless special procedures were taken before marriage.[1027][1028].. In order to change to a husband or to select a compound, you must do so before marriage.[1028]..It is decided at birth for the child's name.If the parents are different, select either the parents or the compound.If the child's name is not specified, it will be the mother's name.[257].. Before 2013, he was my father[257].
Swiss flag スイス
Before 2013, my husband's priority was given.If there is a legitimate interest, it is possible to name his wife's wife or compound him in front of his own.[932]However, since 2013, it has been changed to Mr. Betsu in principle unless special procedures are taken before marriage.Pre-marriage procedures are required to select a spouse or compound[1029]..In the case of another, the child's name is selected from the father's or mother's name at the time of marriage or the birth of the first child.The second and subsequent children will be the same as the first child[1030].
Liechtenstein flag リヒテン シュタイン
Select from the same, another, and compound.Parent decides the child's name[1031].

Southern Europe

Italian flag イタリア
Choice system. Until 1975, there was a civil code provision that a wife would imitate her husband at the time of marriage, but in the Supreme Court ruling of 1961, the wife did not lose her original right to use her at marriage, but her husband's. It was interpreted that he would get the right to use[1032]..Furthermore, the Civil Code was amended in 1975, and it became possible to explicitly select from Mr. He, Mr. Betsu, and Mr. Combine.[1033]..On the other hand, there was no legal provision for the child's name, and the customary law was the father's name.On the other hand, in 2014, it was decided that the mother's name should be selected.European Court of Human RightsIssued in[1034]Furthermore, in 2016, it was unconstitutional in the domestic Constitutional Court that only the father's name could be selected as the child's name.[1035][1036]..Now, as a child's name, in addition to the option of adding the father's name as before, there is an option to add the compound's name, which is the father's surname plus the mother's name.In addition, if the mother is unmarried and the father does not know, only the mother's name can be given to the child.Determined at birth[1037][1038][1039]..Italy has very few divorces[1040].
Spanish flag スペイン
The name of an individual is generally "name, paternal grandfather, maternal grandfather", but in 1999 the law was amended to allow "name, maternal grandfather, paternal grandfather". It was.The order depends on the consensus of parents.This order is unified among siblings.There is no provision for the couple's name in the Civil Code and there is no obligation to change it, but women replace "de + husband's paternal surname" with "maternal grandfather's" to "husband's paternal". , "Maternal grandfather's" can be replaced with "de + husband's paternal", etc.[257][1041].
Portugal flag Portugal
You can select from another person or compound person (spouse's name is prefixed or postfixed to your own's name). With the revision of the law in 1977, it became possible to select another person.[1042].. As of 2011, 60% of married women still use their premarital surname[1043][1044]..The child's name grants the father's name and the mother's name, but the order is not fixed and the siblings may have different orders.[257].
Greek flag Greece
Select from another, same, and compound.It is a tradition for a wife to imitate her husband at the time of marriage[1045]However, it was revised by the revision of the law in 1983.[1046][1047][1045]..After that, with the revision of the law in 2008, it became possible to select a compound person who adds a spouse's name with a hyphen to his family name.[1046][1045].
Malta flag マルタ
Select from another, same, and compound.Complex is rare[1048].

Northern Europe

 ã‚¹ã‚¦ã‚§ãƒ¼ãƒ‡ãƒ³
With the option system, the same person or another person, his own name or his spouse's name can also be an intermediate person (Name Act 1983).[932]..If the parents are different, choose from father or mother.If there are multiple children, the same person[257][1049].
 ãƒŽãƒ«ã‚¦ã‚§ãƒ¼
Choice system.At the time of marriage, it was reported in 46 that 34% of wives changed their husbands to middlemen in addition to their husbands, 20% changed to husbands, and 2016% changed to another.[1050].. Before 1923, he used his father's name and had no tradition of changing his wife at the time of marriage, but by the name law of 1923, his wife changed to his husband's husband at the time of marriage (the husband and wife). However, after that, the name law was revised in 1965, and it became the current system.[1051].
 ãƒ‡ãƒ³ãƒžãƒ¼ã‚¯
Select from the middle names of the same person, another person, and spouse. Until 1981, the couple was supposed to be the same unless otherwise specified in the documents, but in the 1981 law amendment, the pre-marital man was in principle changed by notification.He can also use his grandparents or another person with permission[1052][1053].
 ãƒ•ã‚£ãƒ³ãƒ©ãƒ³ãƒ‰
Select from the same, another, compound, and Soshi (create a new one)[1054][1055].1930The marriage law requires that a wife use his husband's husband, but with the amendment in August 1985, another surname (non-renamed marriage) became possible.[1054][1055][1056].. Furthermore, the revision of the law in January 2018 increased the number of variations of compound Mr. and made it possible to create new Mr.[1054].. In addition, it is now possible to have a couple as their husband even in the case of a real marriage.[1054].. Regarding the child's child, if the parent is the same person (including the case where he is a compound person), the child is that person, and if not, the person who was notified after birth (either father or mother). However, if there are multiple children, all the children are the same.[1056]..The number of names given to children has increased from a maximum of three to four due to the 2018 law amendment.[1054].
Iceland flag アイス ランド
The person's name will not change unless otherwise requested[1057]..In Iceland, there is no concept of "family name", and in principle, the name of the father, the name of the mother, or both of them means "son" -son or "daughter". -With dóttir (patronymic)Last nameCall as[1058].

Baltic countries

 ãƒªãƒˆã‚¢ãƒ‹ã‚¢
Select from another, same, and compound[1059].
 ãƒ©ãƒˆãƒ“ã‚¢
Select from another, same, and compound[1060].
 ã‚¨ã‚¹ãƒˆãƒ‹ã‚¢
Select from Mr. Betsu, Mr. Same, and Mr. Compound (with the spouse's name after)[1061].

Eastern Europe

Russian flag ロシア
Choice system. In the 1995 Family Code, you can choose from another person, the same person, and a compound person (Article 32, Paragraph 1).[1062][1063]..The name consists of the first name, the patronymic,[1064]..The child's name is selected from the father's or mother's name in consultation with the parents.[1063].. If you are 14 years old or older, you can change your name, name, and patronymic at your own will.[603].
Polish flag ポーランド
Select from another, same, and compound[1065]..However, if you want to make a compound, do not connect more than two people.[1066](1964).
 ãƒ ェ コ
Select from another, same, and compound[1067].
Flag of Slovakia Eur-lex.europa.eu eur-lex.europa.eu
Select from Mr. Betsu and Mr.[263].
 ãƒãƒ³ã‚¬ãƒªãƒ¼
Choose from another, same, or compound (any order, connect with a hyphen) and change your spouse's full name to your spouse's full name with né added (in this case your birth name will be lost). Add né to your spouse's full name plus your full name to make your full name (in this case the full name consists of four names), add né to your spouse's name before your name. You can choose from adding what you have done (your own name will be the middle person), etc.[1068]..Traditionally, the wife renamed her husband's full name with né added, and her birth name was lost.After that, the options increased after revisions such as 1895, 1953, 1974, and 2004.[1068].. In Hungary, like Japan, the surname comes before the given name.[1068].
 ãƒ«ãƒ¼ãƒžãƒ‹ã‚¢
Select from another person and the same person.The child's name is either one.Court decides without parental agreement[1069].
 ã‚¦ã‚¯ãƒ©ã‚¤ãƒŠ
Select from another, same, and compound[1070][1071].
Moldova flag Eur-lex.europa.eu eur-lex.europa.eu
Select from Mr. Betsu and Mr.[263].
 ãƒ™ ラ ル ー シ
Select from another, same, and compound[1072].

Balkan countries

 ãƒ–ルガリア
Select from another, same, and compound[1073].
Serbian flag Eur-lex.europa.eu eur-lex.europa.eu
Select from another, same, and compound[1074][1075][1076].
Croatian flag クロアチア
Select from another, same, and compound[1077].
Flag of the Republic of North Macedonia Northern Macedonia
Choice system.Traditionally, women changed their husband's female form at the time of marriage, but in recent years some women have used another, husband, or compound.[991].
Kosovo flag (I.e.
Select from another, same, and compound[1078].
Albania flag アルバニア
Select from Mr. Betsu and Mr.[1079].
Montenegro flag Eur-lex.europa.eu eur-lex.europa.eu
You can choose from Betsu, the same, compound, and only one spouse is compound.[1080].

America

North America

United States flag The United States of America
Marriage laws are set by state. Since the 1970s, selective couples have been recognized, and in addition to himmiddle nameThere are roughly 5 options[1081].. Approved in all states since 2015Same-sex marriageBut selective couples are also recognized[1082]..There is no provision for the child's name in the constitution[1083]In Kentucky, you can have any child.In Georgia, the child's name is limited to one or a combination of parents.In Louisiana and Tennessee, the child's name is, in principle, the father's, but it can be changed with the consent of the parents.Arizona, Washington, and Massachusetts have his length regulations.In Texas, there are restrictions on accents and umlauts.New Jersey bans anyone who is offensive to public order and morals[1005][1084]..On the other hand, until the 1970s, many states said that fathers had the right to have a child, but since then it has been revised to be equal.If you can't agree, the court will decide in many states, but in Florida and New Jersey you'll be an alphabetical compound of your parents.[1085][1086].
Canadian flag カナダ
Marriage laws are set by state.Quebec has been banned from marital changes since 1981[1087][1088][1089]..In the state, the child's name is selected from a combination of father, mother, and parent's name.[1090].. In Ontario, the name on the birth certificate does not change after marriage, but the spouse's name can be used on the driver's license.[1091]..The child's name is selected from father's, mother's, and compound, but if the parents do not agree, the child's name will be the alphabetical compound of the parents.[1092]..In Alberta, choose from another, same, and combined[1093]..In British Columbia, choose from him, another, and compound.You can use the last person, the person at birth, and the spouse.[1094]..In New Brunswick, the marriage does not change, but you can change to your spouse if you follow the procedure.[1095].

Central america

Mexican flag メキシコ
Generally women do not change[1096]..Each individual has two names, traditionally the father's first and mother's first and child's first and second, but in 2017 both parents' second. It was accepted to be the child's father[1097].
Costa Rica flag Eur-lex.europa.eu eur-lex.europa.eu
Mr. wife is unchanged, but Mr. Join using Mr. husband is possible[257].
Jamaica flag Eur-lex.europa.eu eur-lex.europa.eu
There is no legal provision.By convention, the couple is the same[59]..The husband does not change to his wife's name, but at the time of marriage, the wife may become the husband's name or may call himself a compound.[1098][1099][1100][1101][1102]..In that case, you must submit proof of marriage when applying for a passport.[1103].

South America

Brazilian flag Brazil
Select from Mr. Betsu, Mr. He, and Mr. Compound. Before 1977, his wife was obliged to join him, but the revision in 1977 made it possible for him to join him, and the revision in 2002 made it possible for his husband to join him.[257][1104]..The child's name is generally lined up with the mother's and father's, but vice versa.[257].
 ã‚³ãƒ­ãƒ³ãƒ“ã‚¢
Another person or a woman changed at the time of marriage.You can replace the paternal Mr. with the husband's paternal Mr. or de + husband's paternal Mr.[1105].
Peru flag ペルー
Another person or a woman changed at the time of marriage. Add "de + husband's"[1106].
 ãƒãƒª
Normally, he does not change his name due to marriage.For social reasons, I sometimes use a compound who added "de + husband's", but it is becoming obsolete.[1107].
Argentina flag アルゼンチン
Another person or a woman changed at the time of marriage. It can be a compound Mr. with the addition of de + husband's Mr.[1108].

Oceania

 New Zealand
Select from Mr. Betsu, Mr. Combine, and Mr.In the case of Mr. Join, whichever order is used, it may be tied with a hyphen or with a space in between.[1109].. Traditionally, women often give their male surnames[1110].. As long as the child's surname does not violate public order and morals, any surname can be freely assigned[1005].. If you are 18 years or older, you can change your family name almost freely.[1111].
Australian flag Australia
Select from Mr. Betsu, Mr. Combine, and Mr.You can change your name relatively easily[1112][1113][1114]..In addition, there are no legal rules that determine the child's name, and he is free as long as it does not violate public order and morals.Therefore, not only father's, mother's, and compound's, but also new creations are possible.It doesn't matter if multiple children are different[1115]..If the couple does not agree on the child's name, Victorian law allows the registrar or court to decide.[1116].

Africa

North africa

In North Africa and the Arab countries of the Middle East, Muslim women traditionally do not change at marriage[991].

 Egypt
Many women do not change their name at the time of marriage, but some do.[1117].

East Africa

Ethiopian flag エチオピア
Most women do not change their marriage even if they get married[1118].
Eritrea flag Eur-lex.europa.eu eur-lex.europa.eu
Most women do not change their marriage even if they get married[1118].
Flag of Somalia Eur-lex.europa.eu eur-lex.europa.eu
Traditionally, Somali people do not change their marriage even if they get married.On the other hand, in Western social households, wives use their husbands.[991].
 Kenya
It is possible to change the name at the time of marriage[1119].
Uganda flag Eur-lex.europa.eu eur-lex.europa.eu
It is possible to change the name at the time of marriage[1120].
Rwandan flag Rwanda
The same thing about him does not mean kinship, and he is generally different between families.It is customary to give the child a different name than any of the family members.It is extremely rare for all family members to have the same Mr.[1092].

West Africa

Nigerian flag Eur-lex.europa.eu eur-lex.europa.eu
Traditionally, a woman imitates her husband at the time of marriage, but is legally free.Betsu and compound have also increased in recent years[1121][1122].
 ã‚¬ãƒ¼ãƒŠ
Choose from another or husband[1123].

Central Africa

Cameroon flag カ メ ル ー ン
Select from Mr. Betsu and Mr.[1124].
Gabon flag ガボン
Choose from another, husband, or compound[1125].
Angola flag アンゴラ
Select from another, same, and compound[1126].

Southern Africa

 Republic of South Africa
Choice from another or husband[1127].. Since 1997, Mr. Compound has also become possible.[1128]..The child can be a father, a mother, or a compound.[1092].
Namibian flag Namibia
Both he and another are possible.The child shall be one of the parents. As of 2013, there is a debate about expanding the options to Mr. Ko[1092].
Botswana flag ボツワナ
At the time of marriage, the woman chooses from the names of another person, the same person, the compound person, and the husband's name with "Mrs." added.Traditionally a woman imitates her husband[1129].
Zimbabwe flag Zimbabwe
There is no law regarding Mr. Marriage, and it is possible to use Mr. Premarital or change to Mr. Husband.[1130].
Malawi flag Eur-lex.europa.eu eur-lex.europa.eu
There is no need to change his name at the time of marriage.Especially in the north, traditionally do not change[1131].

footnote

[How to use footnotes]

Source

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  313. ^ Selective married couple surname "Public opinion recognizes family diversity" Lawyers and members of parliament appeal for revision of the Civil Code, Bengo2018.com News, December 3, 9
  314. ^ What would you do with the married couple's surname, and if you admit it, the "parent-child surname"? Celebrity views confused by the mediaJ-CAST News December 12
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  320. ^ 2015 "Marital Proceedings" Supreme Court Decision Promotes discussions in the Diet, Mainichi Shimbun, June 2017, 7
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  323. ^ Cybozu president sues "Family Register Act is unconstitutional" without choosing a surname for each couple, Nihon Keizai Shimbun, March 2018, 1.
  324. ^ Married couple's surname Cybozu president "cannot choose disadvantage" to sue the country, Mainichi Shimbun, December 2017, 11.
  325. ^ Married couple's surname proceeding "Let me choose a way of life" President Cybozu, Mainichi Shimbun, June 2017, 11
  326. ^ Refute the objection to the selective married couple's surname, Yoshihisa Aono, November 2017, 11
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  330. ^ a b Selective Marital Proceedings, Cybozu, President Aono and others lose plaintiffs Tokyo District Court, Bengo2019.com News, December 03, 25
  331. ^ Choice of surname by couple / form of happiness, to an era of choice Reversal public opinion, breakthrough Yoshihisa Aono / Ehime, Mainichi Shimbun, June 2019, 5
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  334. ^ a b c d Selective Marital Proceedings, Second Proceedings "I Want to Support the Diet" ... Insist on Article 2 "Creed Discrimination" of the Constitution, Bengo2018.com News, December 5, 10
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  337. ^ Married couple's surname to national compensation class suit Tokyo and Hiroshima District Court, Mainichi Shimbun, June 2018, 2
  338. ^ a b c "Marital Proceedings" to file again in March ... Two years after the Supreme Court decision "I want to seek judgment again", Bengo2018.com News, December 02, 27
  339. ^ "The same surname of a married couple is not unique" The referee seeking a different surname, the family court argues ... The complaint is rejected, Bengo2019.com News, December 3, 29
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  341. ^ Married couple's surname, again to constitutional judgment at "Supreme Court En Banc" ... What is the difference from the previous 2015?, Bengo2020.com News, December 12, 20
  342. ^ "Creed Discrimination" Four men and women in common-law marriage filed compensation against the country, Mainichi Shimbun, December 2018, 5.
  343. ^ "I've been waiting for 30 years" Second Marital Proceedings, Plaintiffs' Proceedings, Bengo2018.com News, December 7, 18
  344. ^ "Ask Sakura Uchikoshi-A New Proceedings for Couples Asks" Inequality between Couples "", Weekly Friday, 1172, pp. 20-21, February 2018, 2
  345. ^ Married couple's surname "acknowledged" Tokyo / Hiroshima 4 groups filed a lawsuit, Mainichi Shimbun, February 2018, 2, Tokyo morning edition
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  347. ^ a b "Agreement for married couples' surnames is increasing, but not enough to change the Supreme Court case." Plaintiff loses in Tokyo District Court, Bengo2019.com News, December 10, 2
  348. ^ a b Married couple's surname proceedings Tokyo District Court Tachikawa branch decision without admitting plaintiff's unconstitutional proceedings, Mainichi Shimbun, June 2019, 11
  349. ^ a b "I haven't seen the actual inequality." The judicial wall prevented the parties from disappointing., Mainichi Shimbun, June 2019, 11
  350. ^ a b "Constitutional" decision to ban married couples Hiroshima District Court dismisses claim for compensation, Chugoku Shimbun, November 2019, 11
  351. ^ a b Dismissal of claim for "married couple's surname" Factual marriage woman sued unconstitutional-Hiroshima District Court
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  353. ^ Plaintiffs appeal in proceedings for married couples / Hiroshima High Court dismissal decision, Kyodo News, January 2020, 9.
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  357. ^ Director Soda litigates a married couple's surname "Even if we freely choose a surname, it will not be a disadvantage to others", Attorney.com News, August 2018, 6.
  358. ^ a b "If you want to have a married couple with a different surname, get married in a foreign country" is true. But ... is that all right for Japan? "I've been waiting for 20 years." Kazuhiro Soda and Kiyoko Kashiwagi filed a lawsuit., BuzzFeedNews, June 2018, 6.
  359. ^ Married couple declaratory judgment lawsuit report, Married couple surname defense team, June 2018, 6
  360. ^ The 70th: Marital Proceedings by Married Couple: Thinking about the person in charge of the country who became muddy (Kazuhiro Soda), Magazine 9, November 2019, 11
  361. ^ a b Remarriage and stepchild lawyer Mr. and Mrs. "The same surname of the couple is supposed to be the first marriage only", Attorney.com News, August 2018, 8.
  362. ^ Married couple's surname lawsuit lost again in Tokyo District Court "Although discussions are rising ..." Lawyer's complaint dismissed, Attorney.com News, August 2019, 10.
  363. ^ a b Marital proceedings, dismissal of claims, Kyodo News, September 2019, 9.
  364. ^ Marital Proceedings "Considering Cases of Remarriage with Children" Lawyer Appeals, Attorney.com News, August 2019, 10.
  365. ^ a b Married couple's surname, 2 trials also dismissed lawyer and his wife lost case Tokyo High Court, Mainichi Shimbun, December 2020, 3.
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  431. ^ "Then you don't have to get married" in the Diet, Asahi Shimbun, November 2020, 1.
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  435. ^ Liberal Democratic Party Shuichi Takatori and others to launch a new conservative group, Mainichi Shimbun, June 2020, 6
  436. ^ Marital surnames are also an important theme "3% of female members", Jiji.com News, July 2020, 10
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  479. ^ Couples who are about to get married ... "I'm glad I can have the same surname as my favorite person."Sankei Shimbun 2015.12.17
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  589. ^ Gather on Twitter and move the parliament, Asahi Shimbun, Tokyo edition, December 2018, 12 morning edition.
  590. ^ Jiwari Jiwari "Selective married couple surname" Momentum from the region, Mainichi Shimbun, December 2019, 1.
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  598. ^ a b [Selective surname system for married couples] Give women "options that do not require changing surnames due to marriage", Yahoo News, October 2017, 10
  599. ^ Council for realization of surname selection system by couple
  600. ^ Woman eye couple's surname / dark cloud for introduction, pros and cons within the administration, The Shikoku Shimbun, April 2010, 4.
  601. ^ Meeting that recommends a married couple's surname selection system
  602. ^ "40-year war" of selective couple's surname, continue to challenge politics left for 20 years from legal trial report from judiciary, Attorney.com News, August 2018, 3.
  603. ^ a b "It's sweet just with a married couple's surname! You can change your full name for 2500 yen.", SPUTNIK Japan, January 2016, 1.
  604. ^ Toyama, a society that realizes selective surnames for married couples
  605. ^ Mr. and Mrs. Aono's lecture on "early realization" of married couple Toyama / Toyama, Mainichi Shimbun, December 2018, 4.
  606. ^ Exchange of opinions with the aim of realizing "selective married couple surnames", Mainichi Shimbun, December 2017, 6.
  607. ^ Meeting to support the proceedings of different surnames 2018
  608. ^ Gender information, Weekly Friday, September 2018, 9.
  609. ^ Meeting to wish for the realization of selective surnames for married couples
  610. ^ "It's okay to have a variety of ideas," Femin Women's Democratic Newspaper, October 2018, 10.
  611. ^ Meeting to think about another surname
  612. ^ "Request to Sendai City for'Each Voter'against sending election admission tickets to households," Weekly Friday, June 2010, 6.
  613. ^ Meeting to think about another surname, Miyagi NPO Information Net, Group Information.
  614. ^ "Nippon Kaigi, a Constitutional Amendment, Impatient with the Prime Minister's Policy in Front of the Economy," Asahi Shimbun, November 2015, 11
  615. ^ "Voice of constitutional amendment from local areas, directed by Nippon Kaigi, drafted by lawmakers," Asahi Shimbun, August 2014, 8.
  616. ^ "What is the policy that the opposition party, which is inevitably defeated in the Upper House election, should come up with?", Diamond Online, January 2016, 1.
  617. ^ Japan Women's Association (Official)
  618. ^ a b c d Tomomi Yamaguchi, "One of the targets of the Nippon Kaigi is the revision of Article 24 of the Constitution," Nippon Kaigi and the Association of Shinto Shrines, 2016, pp. 172-183.
  619. ^ a b c d e f Midori Wakakuwa and others surpass the "gender" crisis! -Thorough discussion! Backlash, Seikyusha, 2006
  620. ^ Voices of Japanese Women's Association Officers, Japan Women's Association, December 2015, 12
  621. ^ a b c Marital surname issue National assembly against married couple surnames (overview / exercise policy), Opinion, Nippon Kaigi, March 22, 3
  622. ^ a b Hotaka Tsukada, "Nippon Kaigi and Religion", Book 2016, Heibonsha, 2016.
  623. ^ a b Hotaka Tsukada, Religious and Political Transition, Kadensha, 2015.
  624. ^ Osamu Aoki, "The Identity of the Japan Conference", Heibonsha, 2016.
  625. ^ a b c d Tomomi Yamaguchi; Masami Saito; Chiki Ogiue (2012). The puzzled social movement The "lost era" of feminism and the grassroots maintenance movement. Keiso Shobo. ISBN 4326653779. Chapter 2
  626. ^ Eiji Oguma, Yoko Ueno, "Nationalism of Healing", Keio University Press, 2003, pp. 94-98.ISBN 4-7664-0999-X.
  627. ^ Ai Shimazaki, "The Conservative Religion of Christ's Makuya That Swept the History Textbook Movement," "Religious Issues," No. 16, Autumn 2016, GK Religious Issues, 2016, p. 79, ISBN 978-4-9908526-5-8.
  628. ^ Married couple's surname / gender-free, Japan Policy Research Center
  629. ^ "Choice for Tomorrow" May 16 issue
  630. ^ "Four Themes Entrusted to Shinzo Abe's" Conservative Revolution "Line-Series [Kusa-no-Kusa no Kudo 4th]", Harbor Business Online, October 16, 2015
  631. ^ Profile of representative (Japan Policy Research Center)
  632. ^ "(Nippon Kaigi Study) Constitution: Respect for lower families, insist on clarification of articles", Asahi Shimbun, November 2016, 3.
  633. ^ "The identity of the'Nippon Kaigi'that completely controls the Abe administration," Friday, August 2014, 8
  634. ^ Read the textbooks of each company Citizens, A meeting to create a new history textbook.
  635. ^ "(Following Nippon Kaigi 2: 4) Why are you strong in Kanagawa?". Asahi Shimbun(July 2016, 12). http://www.asahi.com/articles/DA3S12692265.html 2017/3/9Browse. 
  636. ^ “The origin of the Moritomo problem” The identity of the organization that connected Abe, Matsui, and Kagoike. Daily Gendai(July 2017, 3). https://www.nikkan-gendai.com/articles/view/news/201072/2 2017/3/17Browse. 
  637. ^ "Fighting against the" war praise book "that has reached a critical moment (editing department)". Weekly friday(July 2015, 8). http://www.kinyobi.co.jp/kinyobinews/?p=5408 2017/3/9Browse. 
  638. ^ Opinion, March 2010, 3, Nippon Kaigi
  639. ^ Yuki Endo (ed.), Network of Japan Conference, SansaiBooks, 2016
  640. ^ a b