What are the three major parts of legal relationship?

The three parts of legal relationship refer to the subject, content (rights and obligations) and object of legal relationship.

Legal relationship is the relationship of rights and obligations between people formed in the process of adjusting social relations by legal norms. If an enterprise and an employee conclude a labor contract according to law, it constitutes a labor legal relationship between the two parties. Legal relationship consists of three elements: legal relationship subject, legal relationship content (rights and obligations) and legal relationship object.

1. Subject of legal relationship:

meaning

The subject of legal relationship is the participant of legal relationship, which refers to the parties who participate in legal relationship and enjoy rights and assume obligations according to law. That is, in legal relations, the holder of specific rights and the undertaker of specific obligations. In each specific legal relationship, the number of subjects is different, generally belonging to the corresponding two parties: one party is the holder of rights and becomes the obligee; The other party is the debtor and becomes the debtor.

Subject types: In China, according to various laws, the subjects who can participate in legal relations include the following categories:

1. Citizen (natural person). Citizens here refer not only to China citizens, but also to foreign citizens and stateless persons living or operating in China.

2. Institutions and organizations (legal persons). This mainly includes three categories: first, various state organs (legislative organs, administrative organs, judicial organs, etc.) ); Second, various enterprises and institutions, Sino-foreign joint ventures, Sino-foreign cooperative enterprises and foreign-funded enterprises established in China; Third, political parties and social organizations. These institutions and organizational subjects can generally become legal "legal persons". These include both public legal persons (institutions and organizations involved in constitutional relations, administrative legal relations and criminal legal relations) and private legal persons (institutions and organizations involved in civil or commercial legal relations). China's state organs and organizations can be public legal persons or private legal persons, depending on the nature of the legal relations they participate in.

3. country. Under special circumstances, the state as a whole can become the subject of legal relations. For example, as a sovereign, the state is the subject of public international law relations and can become a creditor or debtor in foreign trade relations. In domestic law, the status of the state as the subject of legal relations is quite special, which is different from ordinary citizens and legal persons. The state can directly participate in domestic legal relations in its own name (such as issuing treasury bills), but in most cases, state organs or authorized organizations participate in legal relations as representatives.

Foreigners and foreign social organizations. Foreigners, stateless persons and foreign social organizations, based on China's relevant laws and visa treaties with relevant countries, can also become the subjects of some legal relations in China.

5. Partnership.

2, the legal relationship content:

The concept of rights and obligations:

Rights and obligations are a pair of categories representing relationship and state, and they are the most basic categories in the legal category system. In essence, rights refer to certain interests protected by law; From the point of view of behavior, it shows that it requires the correct relative person to act, and must act or not act.

The obligor refers to a certain responsibility that people must perform, which is manifested in two ways: how to act and not to act. In the state of legal adjustment, right is the interest guaranteed by law, and its behavior is the freedom of will and behavior. Obligation is the restriction of will and behavior required by law, and it is the payment of benefits. Rights and obligations are the unique mechanism of legal adjustment, the most obvious sign that legal acts are different from moral acts, and the core of the relationship between laws.

3, the object of legal relationship:

concept

Generally speaking, the object of legal relationship refers to the object to which the rights and obligations between the subjects of legal relationship point. It is one of the elements of legal relationship.

The object of legal relationship is the legal form of certain interests. Any external object, once bearing a certain interest value, may become the object of legal relationship. The purpose of establishing a legal relationship is always to protect a certain interest, obtain a certain interest, or distribute or transfer a certain interest (please refer to the second section of this chapter, "Value of Law"). Therefore, in essence, the interest carried by the object itself is the intermediary between legal rights and legal obligations. These interests can be divided into material interests and spiritual interests, tangible interests and intangible interests, direct interests and indirect interests (potential interests); From the subject, interests can be divided into national interests, social interests and personal interests.

kind

The object of legal relationship is a historical concept. With the continuous development of social history, its scope, forms and types are constantly changing. Generally speaking, due to the continuous enrichment of the types of rights and obligations, the scope and types of objects of legal relations tend to expand and increase. To sum up, there are the following categories:

1. object; 2. people; 3. Spiritual products; 4. behavior.