1. The subject of the legal relationship
The subject of the legal relationship refers to the participant in the legal relationship, that is, the person who enjoys the rights or assumes the obligations in the legal relationship, what is called in law " Persons “mainly include natural persons and legal persons.
Natural persons refer to individuals who are alive and have legal personality, including citizens, foreigners and stateless persons. A legal person is a concept that is symmetrical to a natural person. It refers to an organization that has legal personality and can independently enjoy rights or assume obligations in its own name.
2. Object of legal relationship
The object of legal relationship refers to the object to which rights and obligations point, also known as rights object, obligation object or rights object.
It is an intermediary that links the rights and obligations between the subjects of legal relationships. Without the object of legal relationships as an intermediary, it is impossible to form a legal relationship. Therefore, the object is an essential element that constitutes any legal relationship.
To become an object of legal relations, the following three conditions must be met:
(1) It must be a resource that can meet certain needs of people and therefore is considered to be of value.
(2) It must have a certain degree of scarcity, so it cannot be used without cost by those who need it.
(3) It must be controllable and therefore can be possessed and utilized by those who need it for certain purposes.
Extended information
Types of subjects
In China, according to various legal provisions, the subjects that can participate in legal relationships include the following categories:
1. Citizen (natural person). Citizens here refer to not only Chinese citizens, but also foreign citizens and stateless persons residing or operating within China.
2. Institutions and organizations (legal persons). This mainly includes three categories: first, various state agencies (legislatures, administrative agencies, judicial agencies, etc.); second, various enterprises and institutions and Sino-foreign joint ventures, Sino-foreign cooperative enterprises and foreign-invested enterprises established in China. ; The third is political parties and social groups
3. The country. In special circumstances, the state as a whole can become the subject of legal relations. For example, as a sovereign, a country is the subject of international public law relations and can become a creditor or debtor in foreign trade relations. In terms of domestic law, the state's status as the subject of legal relations is relatively special, different from ordinary citizens and legal persons.
4. Foreigners and foreign social organizations. Foreigners, stateless persons and foreign social organizations can also become the subject of certain legal relations in my country based on the relevant laws of our country and visa treaties between our country and relevant countries.
5. Partnership.
Reference: Baidu Encyclopedia: Legal Relations