General authorization: (1) prosecution and responding to the lawsuit; (2) Acting as an agent to apply for litigation preservation or evidence preservation; (3) Apply for withdrawal, provide evidence to the court, expert witnesses and inspectors, request re-appraisal investigation or inspection, request mediation, and express agency opinions; (4) apply for execution; (5) Other matters that can be represented as agreed by both parties.
Special authorization: (1) to admit part or all of the creditor's rights on behalf of it; (2) Abandoning, changing or increasing the representative's claim; (three) reconciliation and mediation; (4) filing counterclaims or appeals on behalf of others; (5) filing or applying for withdrawal of the appeal, etc.
If it is a general authorization, it is enough to specify a general authorization; If it is a special authorization, it is necessary to specify which permissions are specially granted (if it is not an authorization, the internal use of the general authorization is also included).
How to write the power of attorney for civil second instance, and what specific authorization authority are as follows:
1. As the appellant's agent, he has the right to appeal on his behalf; Pay the appeal fee on his behalf; Representatives appear in court; Provide evidence for cross-examination and debate; Admit, change and abandon the appeal request on behalf of others; Reconciliation and mediation on behalf of others; On behalf of the application to withdraw the complaint; Representatives collect all kinds of legal documents.
2. As the agent of the appellee, he has the right to appear in court to respond; Representatives appear in court; Provide evidence for cross-examination and debate; Reconciliation and mediation on behalf of others; Sign for various legal documents, etc.
Basic information:
(1) If a party or an outsider applies for retrial, it shall be listed as "the person who applies for retrial"; The parties applying for retrial are all listed as "applicants for retrial"; The respondent specified in the retrial application is listed as the "respondent"; Other parties who did not apply for retrial in the original trial or were not listed as the respondent were listed in order of their status in the first trial, the second trial and the retrial, such as "the plaintiff of the first trial and the appellee of the second trial"; If the applicant refuses to accept the ruling and applies for retrial, only the applicant is listed.
(2) The brackets after "applicant for retrial" and "respondent" indicate the litigation status of the parties in the first trial, the second trial and retrial according to "plaintiff in the first trial, counterclaim defendant (or defendant in the first trial and counterclaim plaintiff), appellant in the second trial (or appellee in the second trial) and original applicant for retrial (or original respondent)"; If a civil application for retrial has been retried for more than two times, the retrial litigation status in brackets shall be listed according to the litigation status of the parties at the last retrial; The retrial procedure is initiated by the people's procuratorate or the people's court ex officio, and the status of the retrial procedure in brackets is listed as "the original complainant (or the original respondent)"; If an outsider applies for retrial, the outsider shall be listed in brackets.
(3) If the name of the party is changed, the original name shall be indicated in brackets after the name.
(4) If the party is a natural person, the name, sex, nationality, date of birth, occupation and address shall be listed; If the occupation of a natural person is not clear, it may not be explained; If the party is a legal person or other organization, the name and domicile, and the name and position of the legal representative or principal responsible person shall be specified.
(5) If the party is a natural person, the address is written as "domicile (specific address)"; If the address stated in the application for retrial is inconsistent with the address stated in the effective judgment or ID card, the address shall be written as "current residence (address stated in the ID card) current residence (address stated in the application for retrial)". If the parties are legal persons or other organizations, the domicile shall be written as "domicile: (the domicile specified in the business license)".
How to write a power of attorney for criminal proceedings You don't need to write a power of attorney for criminal proceedings. As long as the defender has the rights stipulated in the Criminal Procedure Law of People's Republic of China (PRC), the Lawyers Law of People's Republic of China (PRC) and relevant judicial interpretations, it belongs to the lawyer's power of attorney and is also the lawyer's responsibility, and it does not need to be clearly stipulated in the power of attorney. For example, defenders have the following rights: the right to meet, the right to read papers, the right to defend, the right to appeal and accuse on their behalf, the right to apply for changing compulsory measures, and the right to put forward opinions. For public power, this is the right of lawyers, and for the parties, this is also the responsibility of lawyers. As a defender, we should give full play to our rights and safeguard the legitimate rights and interests of the parties within the scope prescribed by law.
Relevant laws and regulations: Article 35 of the Criminal Procedure Law of People's Republic of China (PRC): Defenders shall, according to facts and laws, put forward materials and opinions on the innocence, light crime or mitigation or exemption of criminal responsibility of criminal suspects and defendants, and be responsible for safeguarding the litigation rights and other legitimate rights and interests of criminal suspects and defendants.
Article 36 A defense lawyer may provide legal aid to a criminal suspect during investigation; Acting as an agent for complaints and accusations; Apply for changing compulsory measures; Ask the investigation organ about the crimes and cases suspected by the criminal suspect, and put forward opinions.
Article 37 A defense lawyer may meet and correspond with a criminal suspect or defendant in custody. Other defenders, with the permission of the people's courts and people's procuratorates, may also meet and correspond with criminal suspects and defendants in custody.
If a defense lawyer holds a lawyer's practice certificate, a law firm's certificate, a power of attorney or a letter of legal aid to ask for a meeting with the criminal suspect or defendant in custody, the detention center shall arrange the meeting in time, which shall not exceed 48 hours at the latest.
In cases of crimes endangering national security, terrorist activities and particularly serious bribery crimes, defense lawyers should obtain permission from the investigation organ when meeting with the criminal suspect in custody during the investigation. The investigation organ shall notify the detention center of the above situation in advance.
When a defense lawyer meets a criminal suspect or defendant in custody, he can understand the case and provide legal advice. From the date when the case is transferred for examination and prosecution, the relevant evidence may be verified with the criminal suspect or defendant. Defense lawyers are not monitored when meeting with criminal suspects and defendants.
The provisions of the first, third and fourth paragraphs shall apply to the meetings and correspondence between defense lawyers and criminal suspects and defendants who are under surveillance.
Article 38 From the date of examination and prosecution by the People's Procuratorate, defense lawyers may consult, extract and copy the case files. Other defenders may also consult, extract and copy the above materials with the permission of the people's court or the people's procuratorate.
Article 41 With the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to this case from them, or apply to the people's procuratorate or the people's court to collect and obtain evidence, or apply to the people's court to notify witnesses to testify in court.
With the permission of the people's procuratorate or the people's court, and with the consent of the victim or his close relatives or witnesses provided by the victim, the defense lawyer may collect materials related to the case from them.
Article 47 Defenders and agents ad litem who believe that public security organs, people's procuratorates, people's courts and their staff members hinder them from exercising their litigation rights according to law have the right to appeal or accuse to the people's procuratorates at the same level or at the next higher level. The people's procuratorate shall promptly review the complaint or accusation, and if the situation is true, notify the relevant authorities to correct it.
People's Republic of China (PRC) Lawyers Law
Article 31 When acting as a defender, a lawyer shall, according to facts and laws, put forward materials and opinions on acquittal, lighter punishment or reduction or exemption of criminal responsibility of criminal suspects and defendants, so as to protect the litigation rights and other legitimate rights and interests of criminal suspects and defendants.
Article 32 A client may refuse to continue to defend or represent the entrusted lawyer, and at the same time may
Article 33 A lawyer who acts as a defender has the right to meet a criminal suspect or defendant who is detained or under residential surveillance with a lawyer's practice certificate, a law firm certificate, a power of attorney or a power of attorney for legal aid in accordance with the provisions of the Criminal Procedure Law. Defense lawyers are not monitored when meeting with criminal suspects and defendants.
Article 34 A lawyer who acts as a defender has the right to consult, extract and copy the case file from the date when the people's procuratorate examines and prosecutes the case.
Article 35 An entrusted lawyer may, according to the needs of a case, apply to a people's procuratorate or a people's court to collect and obtain evidence, or apply to a people's court to notify witnesses to testify in court.
If a lawyer investigates and collects evidence by himself, he may, with the lawyer's practice certificate and the certificate of the law firm, investigate the situation related to undertaking legal affairs with the relevant units or individuals.
Article 36 Where a lawyer acts as an agent ad litem or defender, his right to debate or defend shall be guaranteed according to law.
Article 37 The personal rights of lawyers in their practice activities are inviolable.
Lawyers' opinions on agency and defense expressed in court are not subject to legal investigation. Except for statements that endanger national security, maliciously slander others, and seriously disrupt court order.
If a lawyer participates in litigation activities and is suspected of committing a crime, the investigation organ shall promptly notify the law firm where he belongs or the lawyers association to which he belongs; If a lawyer is detained or arrested according to law, the investigation organ shall notify the lawyer's family in accordance with the provisions of the Criminal Procedure Law.
How to write the power of attorney attached to criminal cases, and how to write the power of attorney? Power of attorney is divided into general agency and full agency.
If it is an exclusive agent, the specific agency matters must be indicated.
Changsha Tang lawyer office
Power of attorney The parties to a general case may not appear in court. When an agent appears in court, the power of attorney may include general agency or special authorization, but it must specify the specific authorization items, such as recognition, waiver or change of litigation request, counterclaim, appeal, conciliation and mediation, and receipt of legal documents. I suggest you be an agent to reduce unnecessary trouble. However, the premise is that the true intention of the parties is specially authorized to you, and it must be signed by the parties. Generally speaking, all parties to divorce proceedings should appear in court. If it is really impossible to appear in court, it shall inform the court in writing and the court will allow it.
How to write the power of attorney for civil litigation agent? authorization letter
(legal person)
Entrusting unit:
Legal Representative: Position:
Trustee:
Name: Work Unit: Job Title:
Address: Tel:
Name: Work Unit: Job Title:
Address: Tel:
We hereby entrust the above customers to work in our company, and
As our arbitration agent.
The licensing right of the agent is:
.
The licensing right of the agent is:
.
Entrusting unit: (seal)
Legal representative: (signature or seal)
date month year
Note: 1. This power of attorney is for the exclusive use of legal persons or other organizations.
2. The power of attorney shall be signed or sealed by the legal representative (person in charge) of the entrusting unit, and explain the entrusted matters and licensing rights.
To be effective. Admitting, waiving or changing the arbitration request, reaching a settlement or filing a counterclaim must be represented by an agent.
Special authorization of management personnel.
3. If the agency license right is changed or cancelled, the parties concerned shall notify this Arbitration Commission in writing, and this Arbitration Commission shall notify it.
The other side.
This book is in duplicate. One copy shall be kept by the client and one copy shall be submitted to the Arbitration Commission for the record.
letter of attorney
Client: name, gender, date of birth, nationality, work unit, occupation and address.
Entrusted party: name, gender, date of birth, nationality, work unit, occupation and address.
I hereby entrust myself as the entrusted agent to participate in the litigation of the case between me and the traffic accident, and the authorization authority is as follows:
Client: (signature or seal)
Consignee: (signature or seal)
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
note:
The entrusted agent shall specify the agency authority. If it is specially authorized, it shall specify the specific scope of authorization: to sue on behalf of others, state facts, participate in debates and mediation, initiate, admit, abandon and change litigation claims on behalf of others, file counterclaims, reconcile, withdraw the lawsuit, appeal and sign legal documents.
Civil power of attorney model civil power of attorney:
Entrusting unit:
Legal Representative:, Position:
Authorized Person: Name:, Work Unit: Job Title:
Name:, Work Unit: Job Title:
In the case of a dispute between our unit and, we hereby entrust the above-mentioned client as our agent ad litem.
The licensing right of the agent is:
The licensing right of the agent is:
Entrusting unit: (seal)
Legal representative: (signature or seal)
date month year
How to write the power of attorney? Power of Attorney Party A: Party B: Party A entrusts Party B to handle matters related to the loan of 654.38 million yuan on its behalf, and the agreement is as follows: 654.38+0, obligations of Party A 2, obligations of Party B 3 and remuneration 4. Term of authorization: signed by Party A and signed by Party B: