Legal relations As a basic concept of law, it is very important in the process of learning law. Social relations are the relationships formed between people. Legal relations are a series of rights and obligations formed by legal norms in the process of adjusting people's behavior. Legal relations are part of social relations. However, legal relationships are different from general social relationships. Through the concept of legal relationships, we can see that legal relationships are social relationships based on legal norms and with legal rights and legal obligations as content.
Legal relationships are social relationships formed based on the adjustment of legal norms. If there are no corresponding legal normative adjustments, there will be no corresponding legal relationship. For example, the relationship between friends, the relationship between lovers, or the relationship between adopted father and adopted mother. Since there are no legal regulations to regulate these relationships, these social relationships are not legal relationships.
As a special social relationship, legal relationship consists of three major elements: subject, content and object.
1. The subject of legal relationship
The subject of legal relationship is the holder of legal rights and the bearer of legal obligations. The subject of legal relationship includes natural persons, legal persons, unincorporated organizations , and the state. These subjects can all participate In legal relationships, rights are exercised and obligations are performed. For example, a natural person and a legal person sign a sales contract and participate in the contractual legal relationship; in the diplomatic process, countries sign international treaties . At this time, the country is a very important subject of legal relations.
2. The content of legal relationships
The content of legal relationships includes rights and obligations. What is most willing to be tested in the exam is the relationship between rights and obligations.
1. Rights and obligations are interdependent and can transform into each other under certain conditions. In legal relationships, rights and obligations are closely linked and inseparable. For example, in a timber sales contract, the buyer has the right to obtain timber and also has the obligation to pay for the timber, and the seller has both the right to obtain the price and the obligation to deliver the timber.
2. The total amount of rights and obligations is equal. Rights and obligations are reciprocal in social life. There are no obligations without rights, and there are no rights without obligations.
3. There is a master-slave relationship between rights and obligations in terms of value. Different countries and different historical periods have different values for rights and obligations. As a democratic and rule of law country, our country pays more attention to the protection of citizens' rights, so it is mainly rights-based. In other words, fulfilling obligations is to better exercise rights. In some countries or different historical periods, more emphasis may be placed on the fulfillment of obligations.
3. The object of legal relationship
The object of legal relationship is the object to which legal rights and legal obligations point. The main objects that can be used as objects in legal relationships include: things, behaviors, personal interests and spiritual wealth. For example, Xiao Zhang sold a mouse to Xiao Wang. The sales contract relationship formed between the two is a legal relationship. In this case, the subject of the legal relationship is Xiao Wang and Xiao Zhang, and the object is the act of buying and selling the mouse. The content is the purchase and sale transaction between the two parties. rights and obligations.
The above are the components of a legal relationship.
[Exam practice] (Multiple choice) 1. Which of the following statements about legal relationships is correct ( ).
A. Legal rights and legal obligations are opposite, and there are absolute rights.
B. Legal rights and legal obligations are interdependent and complementary.
C. There are no absolute rights and no absolute obligations.
D. In our country, the value of obligations is greater than rights.
[China Public Answer] BC. Analysis: According to our country's laws, the content of legal relationships is legal rights and legal obligations. The relationship between rights and obligations is: 1. Rights and obligations complement each other, are closely related, and are inseparable. 2. The total amount of rights and obligations is equal. There are no rights without obligations and no obligations without rights.3. There is a master-slave relationship between rights and obligations in terms of value. Our country advocates rights-based, that is, the performance of obligations is to better protect rights. Therefore, the answer to this question is BC.
