An interested party refers to a person who has rights and obligations with a disputed legal relationship or event, fact or person. Stakeholders not only appear in administrative law, but also in civil and commercial law and economic law. For example, if a person is declared missing in civil law, the interested parties refer to those who have personal or property relations with the missing person, such as parents, spouses, close relatives, creditors and debtors.
Stakeholders mainly include the following categories:
1. Stakeholders in the relationship of neighboring rights: This is the main situation that produces stakeholders. For example, processing and production enterprises, resource development enterprises or individual industrial and commercial households established with permission may produce noise, sewage, waste gas and dust in their business activities, which will have a direct impact on the production and living environment of their neighbors.
2. Stakeholders in competitive relationship: Some administrative licenses have clear quantitative restrictions according to laws, regulations or practices (for example, recycling used motor vehicles, according to the regulations of the State Council, there is only one county. ), if the implementation of the license breaks through the original quantity regulations, it will inevitably affect the interests of operators who have obtained the license, thus forming stakeholders.
3. Stakeholders in intellectual property relations: Administrative licensing matters may infringe on the integrity and exclusivity of other people's intellectual property rights. For example, in the approval of enterprise names, the use of duplicate names in other people's trademarks and patents is easy to mislead the public and constitutes significant interests.
4. Stakeholders in contractual relationship: One party to a contract is the applicant for administrative license, and the administrative license will change its contractual relationship, then the other party is an interested party. The villagers' convention clearly stipulates that no certain type of enterprise may be established in the village. If a villager wants to obtain the business license of this kind of enterprise, other villagers are interested parties.
5. Stakeholders in the relationship between personality rights and identity rights: For example, in the registration review of industrial and commercial advertisements, for licensing matters that may infringe others' privacy rights, portrait rights, reputation rights and affect corporate goodwill, people who may be infringed should be regarded as stakeholders.
Legal basis: Article 1045 of the Civil Code. Relatives include spouses, blood relatives and in-laws.
Spouse, parents, children, brothers and sisters, grandparents, grandparents, grandchildren and grandchildren are close relatives.
Close relatives such as spouses, parents and children living together are family members.