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.
Lawyer:
Just "lawyer?" As far as attributes are concerned, they include: first, they have certain legal knowledge, and according to the provisions of the current Lawyers Law, they have legal knowledge of "bachelor degree or above in law major in colleges and universities" or "bachelor degree or above in other majors in colleges and universities"; The second is to pass the national "legal professional qualification examination" and obtain qualifications; The third is to obtain a practicing certificate with the approval of the national judicial administrative department; Fourth, provide legal services to the society and take it as a profession.
Therefore, a lawyer refers to a practitioner who has passed the national legal professional qualification examination, obtained a lawyer's practice certificate according to law, accepted entrustment or designation, and provided legal services to the parties. The nature of a lawyer is to provide legal services for the society, and he is a professional legal service worker.
Among the above four basic characteristics, the first one or two are possessed by other legal workers, such as law enforcement workers, judicial trial workers (judges) and judicial procuratorial workers (prosecutors); The latter two items are unique to lawyers.
Legal service workers:
Legal service workers in a broad sense include judges, prosecutors, public security personnel and lawyers, but their work scope and access conditions are different, and their responsibilities are also different. Legal workers refer to those who have not passed the national judicial examination, but have legal knowledge and can engage in litigation agency business. Its business scope is very wide, which can involve almost all the business scope of the current law firm, but it cannot represent criminal cases. Legal workers are managed by the Ministry of Justice, who issue qualification certificates and practice certificates, and participate in legal services such as agency, litigation and case investigation according to relevant laws.
Legal service workers do not have the status of lawyers, and may not undertake business, conduct case investigation or represent litigation in the name of lawyers. Acting for civil cases in accordance with the provisions of the Civil Procedure Law can cover the business scope of almost all law firms except criminal defense, but the scope of practice is stipulated by law and cannot be practiced across regions. Legal service workers can charge fees according to law when representing and handling cases; Because of long-term litigation agency and consulting services, legal workers have also demonstrated their ability to safeguard the rights of the parties in litigation, and social recognition and respect have been reflected in reality.
Close relatives or staff members of the parties:
1. The so-called close relatives of the parties refer to those who have a specific close kinship with natural persons? China's "Civil Procedure Law" stipulates that close relatives or staff members of the parties may be entrusted as litigation agents. However, different laws in China have different provisions on the scope of close relatives.
1. Article 12 of the Opinions on General Principles of Civil Law stipulates that close relatives stipulated in the General Principles of Civil Law include spouses, parents, children, brothers and sisters, grandparents, grandchildren and grandchildren.
Second, the close relatives stipulated in Article 24 of the Administrative Procedure Law include spouses, parents, children, brothers and sisters, grandparents, grandchildren, grandchildren and other relatives who have the relationship of support and maintenance.
Third, Article 106 (6) of the Criminal Procedure Law stipulates that "near relatives" refer to husbands, wives, fathers, mothers, sons, daughters, brothers and sisters. As can be seen from the above provisions, the provisions of the three laws in China on close relatives are not the same, the provisions of the Criminal Procedure Law are the narrowest and the provisions of the Administrative Procedure Law are the widest. Then, in the specific application, what should be the scope of determining close relatives? The author believes that although the legal relationship among the three laws is different in nature, as laws, the new law should be superior to the old law and use the same legal concepts. In addition, the scope of close relatives in the General Principles of Civil Law is determined by the judicial interpretation of the Supreme People's Court. Where its scope is inconsistent with the law, the provisions of the law shall apply. In addition, Article 32 of the Criminal Procedure Law stipulates that relatives and friends of the defendant may be entrusted as defenders in criminal proceedings. Generally speaking, relatives and friends include relatives and friends, which are much wider than close relatives. However, the revision of the Civil Procedure Law did not adopt the concept of relatives and friends, but still adopted the concept of close relatives.
2. The staff of the party concerned? The staff of one party refers to one party as a unit, and its staff can be entrusted as agents ad litem. Because of the different nature of employers, different standards should be adopted when judging the staff of the parties concerned. If an enterprise is a legal person, its employees refer to people who have labor relations with the enterprise. The staff of public institutions include those who have business relations with public institutions and those who have labor relations with public institutions. Therefore, in practice, we should pay attention to using different standards to judge it.
Citizens recommended by the communities, units and relevant social organizations where the parties are located:
1, the person recommended by the party's community and unit. Community refers to a certain area where people live together. Members of society in a fixed geographical area take the living environment as the main body, exercise social functions and create social norms, and are at the same level as administrative villages. It can be seen from this provision that the community can recommend agents ad litem for the parties living in the community, that is, residents or community workers in the community can be recommended as agents ad litem, and others can also be recommended as agents ad litem. The unit to which the party belongs may also recommend the staff of the unit or citizens outside the unit as litigation agents. That is to say, the community and unit where the parties are located can recommend people from their own communities and units as agents ad litem, or citizens outside their own communities and units as agents ad litem. This is a problem that should be paid attention to.
2. People recommended by relevant institutions. Social organizations refer to non-profit organizations registered and established according to law, with articles of association, name, a certain number of members, sources of funds, offices and offices.
Extended data:
Lawyer-Baidu Encyclopedia Legal Service Worker-Baidu Encyclopedia Opinions on General Principles of Civil Law-Baidu Encyclopedia China People's Administrative Procedure Law-Baidu Encyclopedia China People's Criminal Procedure Law-Baidu Encyclopedia Chongqing Higher People's Court issued regulations on several issues concerning citizens' filing civil lawsuits.