First, does the plaintiff who represents the lawsuit write the agent?
When writing a civil complaint, you cannot write that the plaintiff is an agent. The agent is the agent and the plaintiff is the plaintiff. There is no confusion between the two.
People's Republic of China (PRC) Civil Procedure Law
Article 121 A complaint shall contain the following items:
(1) The name, sex, age, nationality, occupation, work unit, domicile and contact information of the plaintiff, the name and domicile of the legal person or other organization, and the name, position and contact information of the legal representative or principal responsible person;
(2) Information such as the name, gender, work unit and domicile of the defendant, and information such as the name and domicile of the legal person or other organization;
(3) the request and the facts and reasons on which it is based;
(4) Evidence and its sources, names and residences of witnesses.
Second, how does the plaintiff entrust an agent?
According to the law, the parties, legal agents and legal agents have the right to entrust agents, and can entrust a wide range of agents. The close relatives of the parties, lawyers, social organizations, persons entrusted by the units to which the parties belong and other companies approved by the people's courts can be entrusted as agents ad litem, which provides full convenience for the parties to exercise their litigation rights.
If a party entrusts a close relative, a social organization or a person recommended by the party's unit as an agent ad litem, it must first sign an entrustment contract with the principal, and the power of attorney must prove the entrusted matters and authority. The power of attorney shall be signed or sealed by both the principal and the principal. Then, with the approval of the people's court, the agency is established. If the client is a citizen of China living abroad, his power of attorney must be certified by the embassy or consulate of China in that country, or by patriotic overseas Chinese organizations if there is no embassy. This is to ensure the authenticity of the power of attorney and protect the rights and interests of the parties and the proceedings.
If a party entrusts a lawyer as an agent ad litem, it must go through the entrustment formalities in a law firm. The parties may entrust their trusted lawyers and sign an entrustment contract with them after their consent. If a party cannot appoint a lawyer as his agent ad litem by name, or the lawyer appointed by himself does not agree to sign an entrustment contract with him, he may also appoint a lawyer as his agent ad litem at will to the law firm. After signing the entrustment contract with the lawyer, the parties concerned shall pay a certain amount of agency fee to the law firm (the specific amount depends on the case). Then submit the power of attorney signed or sealed by both parties to the people's court for review.
The parties may entrust one or two lawyers. If two lawyers are entrusted, they may be granted the same or different agency authority respectively. The scope of authorization granted by the parties to the entrusted agent may be changed, expanded or reduced. After the change of agency right, it shall notify the people's court and the other party. In the course of litigation, the parties may also terminate the entrustment, but they shall inform the people's court in writing. The people's court shall notify the other party.
Third, the mode of civil litigation
Model indictment
Plaintiff: name, gender, date of birth, nationality, education level, work unit, occupation and address.
(If the plaintiff is a unit, the name of the unit, the name and position of the legal representative and the address of the unit shall be stated. )
Defendant: name, gender, date of birth, nationality, education level, work unit, occupation and address.
(If the defendant is a unit, the name of the unit, the name and position of the legal representative and the address of the unit shall be stated. )
Cause of action: traffic accident compensation.
Request: (state the purpose of bringing a lawsuit to the court)
Facts and reasons: (state the factual basis and legal basis of the prosecution or litigation request, including evidence, witness's name and contact address)
I am here to convey
_ _ _ _ People's Court
Plaintiff: (signature or seal)
_ _ _ _ _ _ _ _ _ _ _
Attached:
1. Copies of the indictment (the number of copies shall be determined according to the number of defendants);
2. A copy of the evidence;
Third, other materials.
The above knowledge is to "write an agent when the plaintiff represents?" When writing a civil complaint, the plaintiff cannot write an agent, the agent is the agent and the plaintiff is the plaintiff. There is no confusion between the two.