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On the object of legal relationship

Legal relationship is a direct way for people to deal with the law, and its position in legal life is self-evident. This article will focus on one of the elements of legal relationship-the object of legal relationship. The author will first refute the "theory of social relations" and "theory of rights and obligations" of the object of legal relations, and then comprehensively expound the author's views on what the object of legal relations should be from two aspects: the positioning of legal acts and the constitutive elements of legal relations.

Keywords: legal relationship, object, subject, legal act

On the object of legal relationship

Legal relationship is a direct way for people to deal with the law, and its position in legal life is self-evident. This paper will focus on one of the elements of legal relationship-the object of legal relationship. Firstly, it refutes the "social relationship" and "object of rights and obligations" of the object of legal relationship, and then comprehensively expounds the positioning of legal behavior and the elements of legal relationship. What do I think the object of legal relationship should be?

Keywords: legal relationship, object, subject, legal act

Clue:

Human survival needs order, and the most important way to obtain order is to adjust society with law. However, the adjustment of society by law cannot be directly realized. It requires a certain relationship between people, in which the law can be implemented. We usually refer to the relationship between people's rights and obligations formed by legal norms in the process of guiding people's social behavior and adjusting social relations as legal relations. Legal relationship is the basis and platform for law enforcement. To become a qualified legal person, we must first understand the profound connotation of legal relationship. At present, it is generally believed that the elements of legal relationship include subject, content and object. There is little controversy about subject and content, but there are different opinions about what is the object of legal relationship. In this paper, the author briefly expounds his views on the object of legal relationship in order to attract more attention.

First, the understanding of various theories about the object of legal relationship.

The object of legal relationship is a long-standing debate in Chinese and foreign legal circles. In 1950s, the Soviet scholar A.K. stahly Gerwicz put forward a viewpoint: "The object of legal relationship cannot be equated with the object of rights and obligations of the subject of legal relationship. The object of legal relationship is firstly the social relationship influenced by legal relationship, which is adjusted by legal relationship and embodied in some specific phenomena, things and behaviors. The objects of the rights and obligations of the subject of legal relations are these phenomena, certain things and behaviors. " [1] The academic circles in China have the same or similar views. For example, Liu Cuixiao thinks: "The social relationship adjusted by law is the object of legal relationship corresponding to the subject of legal relationship who exercises legal rights and performs legal obligations." [2]

At present, the theory of "social relations" of the object of legal relations has been generally questioned. The author also disagrees with this statement. The author thinks that legal relationship is essentially a kind of interpersonal relationship, and the interaction between people constitutes social relationship, and the factor that social relationship penetrates into law is called legal relationship. Legal relationship is just a form, and social relationship is its essence, just like the shape of a plant and the plant itself. As Professor Zhang Wenxian thinks, "social relations and legal relations are the relations between content and form-social relations are the contents and legal relations are the forms, not the relations between object and subject." [3] At present, there is a very popular theory of "object of rights and obligations" in the legal field. It is believed that "the object of legal relationship refers to the object that the rights or obligations of the subject of legal relationship point to, or the object that rights and obligations point to together." It is not only the premise of the emergence and existence of legal relations, but also the intermediary of rights and obligations between the subjects of legal relations. Together with the subject and content of legal relationship, it constitutes the three major elements of legal relationship. "[4] We generally say that the object referred to by XXX is the object of XXX. For example, the object of human practical activities is natural matter, so natural matter is considered as the object of practical activities. Similarly, since something is regarded as the object of rights and obligations, it can be regarded as the object of rights and obligations. The theory of "object of rights and obligations" generally regards things, intellectual achievements, material wealth and intangible wealth as the objects of legal relations. In fact, the things summarized above-things, intellectual achievements or material wealth, intangible wealth and so on. -it is indeed the object of rights and obligations, not only the object of rights and obligations, but also the actual object of rights and obligations, which is objectively externalized. However, is the object of rights and obligations necessarily the object of legal relationship? Obviously, this is absurd. It is a serious logical mistake to generalize by replacing the object of legal relationship with the object of legal relationship (rights and obligations). Rights and obligations are only one element of legal relationship, not all elements, and cannot reflect the whole picture of legal relationship. Therefore, the object of rights and obligations can never be equated with the object of legal relationship, just as rights and obligations cannot be equated with legal relationship. So what is the object of legal relationship? Below, the author will explain the positioning of legal acts and the elements of legal relations respectively.

Second, the concept of legal act and its positioning

In order to find out what the object of legal relationship is, it is necessary for us to understand legal acts first. The definition of legal act in the Law Dictionary (3rd Edition) is: "Acts that can be regulated by law and have legal effect." From this definition, it can be analyzed that behavior is the basis and essence of legal behavior. Some behaviors can produce certain legal effects after being concerned by the law. These acts are called legal acts. We know that the purpose of law is to adjust social relations, and social relations are just a framework formed by people's interaction, which is intertwined through people's behavior. Therefore, the only way for law to realize its function of adjusting social relations is to adjust people's behavior. As Marx said: "As far as the law is concerned, apart from my behavior, I don't exist at all, and I am not the object of the law at all. My behavior is the only field where I deal with the law, because behavior is the only thing that I demand the right to live and the right to reality, so I am governed by the existing law. " [5] Once an act is included in the scope of legal adjustment, it becomes a legal act and then becomes the focus and center of legal attention.

Law is the "technology" of controlling people, and only the controller can obtain order. And if the law wants to control people, through what channels? There is nothing but behavior. Marx's classic writers believe that practice is the essence of human existence. The so-called practice is just all kinds of behaviors that people do. Understanding the world or transforming the world can be attributed to behavior. Therefore, the controller of law can only achieve this goal by regulating human behavior, otherwise everything is empty and the direct object of law can only be behavior.

In order to obtain order, the law does not need to pay attention to all behaviors. Because some behaviors can be restrained according to people's usual moral concepts or customs, so as not to do illegal things, such as falling in love and making friends. The law can't and doesn't have such huge resources to ask everything in social life. Therefore, only a few acts that are brought into legal adjustment will seriously affect people's life order. This part of the social behavior regulated by law will then rise to legal behavior. It can be seen that legal act is the main body of social structure in the sense of maintaining social order, and it is the object of direct action of law on legal activities, and law obtains order by acting on it.

Legal act is not only the object of legal act, but also the initial purpose of law (different from the fundamental purpose of adjusting social relations). To play a role, the law not only needs to judge people's legal behaviors, but also needs people to maintain the order required by the law by implementing certain behaviors (including actions and omissions). Making new behavior is the first goal of law, and only through people's behavior can the relationship between people be influenced. Matter is immobile and dead, and only when human behavior is added will it be given some meaning. Social relationship is the interaction between people with behavior as the hub and material as the prop. Law reshapes people's behavior and realizes profound adjustment of social relations. Material wealth and intangible wealth are only the objects of people's behavior and cannot be the direct objects of legal behavior. If there is no basic link of human behavior, it is inconceivable for law to act on matter, unless matter can also think and speak.

Third, understand the object of legal relationship from the elements of legal relationship.

At present, it is generally believed that legal relationship is mainly composed of three elements, namely, the subject, the content and the object of legal relationship. Among the three elements of legal relationship, the subject and content of legal relationship are basically uncontroversial. Professor Lu Yun thinks: "The subject of legal relationship refers to the participants in legal relationship, that is, the holders of rights and the undertakers of obligations in legal relationship. It is one of the elements of legal relationship. " [6] Other scholars have discussed the subject of legal relationship in a similar way. The author also agrees with this view. Law is designed for people, and it is a rule for people to deal with interpersonal problems. Therefore, people naturally occupy a dominant position in the law and naturally enjoy a dominant position in the relationship formed by law. Regarding the content of legal relationship, Professor Zhuo thinks: "Any legal relationship is a relationship of rights and obligations formed between the subjects of legal relationship. Therefore, rights and obligations constitute the content of legal relationship. Without specific rights and obligations, no legal relationship can exist. This is another basic element of legal relationship. " [7] The basic viewpoints of academic circles all hold the theory of "rights and obligations", and the author also supports this view. The author thinks that rights and obligations are the contents of what people can and can't do, and their essence is a qualification regulation. We have already analyzed that the direction of law is legal acts, and how to implement legal acts specifically to meet the requirements of law must first have a "spectrum", which leads to rights and obligations. Rights and obligations play a guiding "signpost" role in legal behavior, which stipulates the direction of people's behavior, so they undoubtedly become the essence of law, that is, the content of legal relations. After defining the subject and content of legal relationship, let's analyze what the object of legal relationship should be. Semantically speaking, "object" is relative to "subject", which refers to the object that the subject's will points to, influences and functions. For example, in man's practical relationship, as the subject, the object of his will is the material world, which constitutes the object of man. But "object" is not only related to "subject", but also related to the whole "relationship" to which it belongs. Not only does "man" as the subject point to the material world, but the purpose of the whole practical relationship is to understand and transform the material world, and his will still points to the material world. Why do the will of the subject and the will of the whole relationship refer to the same thing? There is a simple reason. In the operation of the relationship, the subject is always the representative or master of this relationship, because the relationship is designed for it, and the will of the subject represents the will of the whole relationship. It can be seen that the object referred to in a relationship is actually the object pointed to by the subject in this relationship, and they are identical. We have analyzed that the object of law is legal behavior, and law is an abstract concept. There is no life, but people are manipulating him. Therefore, it can be said that people always face legal acts in legal practice, that is to say, the subject of legal relationship has been acting on legal acts. Therefore, legal act naturally becomes the real object of legal relationship.

To sum up, in order to realize the orderly development of society, it is necessary to bring important social relations into the scope of legal adjustment. In order to realize the adjustment of social relations, the law must first adjust various behaviors that constitute social relations. Law does not directly regulate behavior, so it is necessary to create a relationship between people in the name of law, that is, legal relationship, and integrate legal activities into this relationship network to achieve it. Legal relationship is only a tool for legal operation. Tool holders and tools often point to the same goal, and the object of human-centered law becomes the object of legal relationship. The most direct purpose of law is to adjust people's behavior, and all behaviors included in the scope of legal adjustment are endowed with the connotation of "law", which is called legal behavior. Therefore, the object of our expression, that is, the object of legal relationship, is the legal act.

Bibliography:

[1][ Su] A.K stahly Ge Weiqi: Several Issues in the Theory of Socialist Legal Relations (Chinese translation), quoted from: Reference Materials of Basic Theory of Law, Volume 6, Peking University Publishing House, 1985, the first1/kloc.

[2] Liu Cuixiao: On the Object of Legal Relationship, in Law, (Beijing) 1998. 10, page 23-28.

[3] Zhang Zhuoyue: Research on the Category of Philosophy of Law (Revised Edition), China University of Political Science and Law Press, 200 1 Edition, p. 1 106.

[4] Zhang Hui, "On the object of socialist legal relationship-people", Law, (Beijing) 19928, p. 33-38.

[5] The Complete Works of Marx and Engels, the first 1 volume, the first 16- 17 pages, People's Publishing House, 1956.

[6] Lu Yun, editor-in-chief: Basic Theory of Law, China University of Political Science and Law Press,1June 1994, p.31-313.

[7] Zhuo, editor-in-chief: Jurisprudence, Law Press,19981Edition, p. 1 147.

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