Legal basis: People's Republic of China (PRC) Civil Procedure Law.
Article 57 A person without capacity for conduct shall be his guardian as his legal representative. If the legal representative shirks the agency responsibility, the people's court shall appoint one of them to represent the lawsuit.
Article 58 A party or legal representative 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.
Article 59 To entrust another person to represent the lawsuit, a power of attorney signed or sealed by the client must be submitted to the people's court.
The power of attorney must specify the entrusted matters and authority. An agent ad litem must have the special authorization of the client, and can admit, waive or change the claim, make a settlement, file a counterclaim or appeal on his behalf.
The power of attorney sent or entrusted by China * * and China citizens living abroad must be authenticated by China * * and China's embassy or consulate in that country; If there is no embassy or consulate, it shall be certified by the embassy or consulate of a third country that has diplomatic relations with the people of China, and then by the people of China and the embassy or consulate of China in a third country, or by the local patriotic overseas Chinese delegation.
Article 60 If the authority of an agent ad litem is changed or revoked, the parties shall notify the people's court in writing, and the people's court shall notify the other party.
Article 61 Lawyers and other agents ad litem have the right to investigate and collect evidence, and may consult relevant materials of the case. The scope and methods of consulting relevant materials in this case shall be stipulated by the Supreme People's Court.
Article 62 If there is an agent ad litem in a divorce case, I shall appear in court unless I can't express my feelings. If it is really impossible to appear in court due to special circumstances, a written opinion must be submitted to the people's court.