1, lawyers and grassroots legal service workers.
2. Close relatives or staff members of the parties concerned.
3 citizens recommended by the community, units and relevant social groups where the parties are located.
It should be noted that China lawyers (mainland lawyers) are only engaged in Chinese mainland and have no right to engage in agency business as lawyers from Hong Kong and Macao. In addition, residents of the Hong Kong Special Administrative Region and the Macao Special Administrative Region can only practice in mainland law firms after obtaining the professional qualification certificates of mainland lawyers, but their business scope is also strictly restricted.
An agent ad litem shall abide by the following provisions:
1. A power of attorney signed or sealed by the client must be submitted to the people's court. Entrusting others to represent litigation is related to the disposition of substantive rights and litigation rights by the parties and their commitment to the outcome of litigation. In order to avoid disputes arising from the unclear scope and authority of entrustment in the future, which will affect the execution of judgments, rulings and conciliation statements, the law requires that the entrusted agent ad litem must be in writing and must be signed or sealed by the parties and legal representatives, so as to show that the entrusted agent ad litem is a party or legal representative, and the parties and legal representatives are responsible for the litigation activities of the agent ad litem within the scope of authorization.
2. The power of attorney must specify the entrusted matters and authority. The agency system is a part of China's civil legal system. Agency is divided into civil agency and litigation agency. The former is to help the parties realize their civil legal acts, and the latter is to help the parties realize their litigation legal acts. Asking the power of attorney to specify the agency matters means asking the parties and legal representatives to specify what to entrust others to do? Is it a civil activity or a lawsuit? What is the object of agency litigation? An agent ad litem is the agent of the parties and the legal agent of the litigation. The agent's agency behavior within the scope of agency authority shall be borne by the parties and legal agents. The behavior beyond the agency's authority belongs to unauthorized agency, and the consequences are borne by the agent. Therefore, the entrusted agent must specify the agency authority, whether to entrust the agent to apply for withdrawal, provide evidence, state facts, debate, apply for litigation preservation and evidence preservation, request mediation, file a counterclaim, appeal and apply for execution, or only authorize the agent to do one or more of them. If the power of attorney does not specify the agency authority, it shall be deemed that the agent has the right to dispose of all litigation activities except substantive rights.
To sum up: the qualification of entrusted agent refers to the ability or qualification to accept the entrustment of the parties and legal representatives and conduct litigation activities according to law.
Legal basis:
administrative procedure law of the people's republic of china
Article 31
The parties and legal representatives may entrust one or two persons as agents ad litem. The following persons may be entrusted as agents ad litem:
(1) Lawyers and grassroots legal service workers;
(2) Close relatives or staff members of the parties concerned;
(three) citizens recommended by the community, units and relevant social groups where the parties are located.
People's Republic of China (PRC) Civil Code
Article 16 1
A civil subject may carry out a civil juristic act through an agent.
In accordance with the provisions of the law, the agreement of the parties or the nature of civil legal acts, civil legal acts that should be implemented by themselves shall not be represented.
Article 162
A civil juristic act carried out by an agent in the name of the principal within the scope of agency authority is effective for the principal.
Article 163
Agents include entrusted agents and legal agents.
An entrusted agent shall exercise the power of agency as entrusted by the principal. A legal agent shall exercise his power of agency in accordance with the provisions of the law.
Article 17 1
If the actor has no power of agency, exceeds his power of agency or terminates his power of agency, he will still carry out the agency act, and it will have no effect on the principal without ratification by the principal.
The counterpart may urge the principal to ratify it within 30 days from the date of receiving the notice. If the trustor fails to declare it, it shall be deemed as refusal to ratify it. Before the act committed by the actor is ratified, the bona fide counterpart has the right to revoke it. Revocation shall be made by notice.
If the act committed by the actor is not ratified, the bona fide counterpart has the right to demand the actor to perform the debt or demand the actor to compensate for the damage he has suffered. However, the scope of compensation shall not exceed the benefits that the counterpart can obtain when the principal ratifies.
If the counterpart knows or should know that the actor has no right to act as an agent, the counterpart and the actor shall bear the responsibility according to their respective faults.
Article 172
If the actor has no agency right, exceeds the agency right or terminates the agency right, the agency act is still valid if the counterpart has reason to believe that the actor has the agency right.