After the trial, after summarizing the focus of the dispute summarized by the court and his own arguments in court, he shall submit the Statement of Agency to the collegial panel. I hope the collegial panel can refer to it when it meets. Bian Xiao opposes the submission of "proxy words" in court, and some lawyers have written "proxy words" before the trial and submitted them to the court after the trial; Bian Xiao believes that the attorney doesn't know what the focus of the dispute summarized by the court is before the trial, and it is unpredictable whether the other party will suddenly put forward new ideas in court before the trial, so it is irresponsible for the parties to submit the written "proxy words" to the collegial panel immediately after the trial.
In the past, many lawyers' paperwork level was not high, and some judges did not read lawyers' proxy words and defense words, let alone adopt lawyers' opinions. This is a fact.
Now a good defense and proxy still have a considerable impact on the outcome of the case, and the judge will read it carefully. As far as winning cases are concerned, the important role of defense words and proxy words is beyond doubt. Why do judges carefully read the documents written by some lawyers and adopt their defense views in large numbers? The reason is that lawyers' documents are the concentration and carrier of lawyers' legal knowledge, writing level, practical experience and litigation skills. In lawyers' documents, the level of lawyers is like a crystal clear river, which can be seen at a glance. As long as we adhere to the principle of saying only when there is a reason, and there is no reason not to talk nonsense, we should carefully write every defense word and proxy word, and strive to make every defense word and proxy word legal, logical, ornamental and encouraging. Such a proxy word is still possible. Any judgment is based on evidence. In this sense, proxy words are not evidence and have no influence on the judgment.
First, there are good and bad surrogacy words.
Second, as far as the legal status of proxy words is concerned, this is only the lawyer's opinion. The statement of attorney's agency is not a judicial interpretation of the Supreme Court and has no legal effect. Under normal circumstances, it is impossible to reverse Gan Kun. Because everything it has to say can't be separated from evidence, if you can't come up with evidence that can reverse Gan Kun's conviction within the time limit of proof, the proxy statement is like a tree without roots and has no convincing power. Looking at the evidence in the lawsuit, of course, a good lawyer will organically combine the evidence with the law and come up with an attorney's opinion with high legal standards, so as to be recognized by the court.
Third, defense words and defense words, before the judges read them, many lawyers have a low level of paperwork, and some judges don't read lawyers' defense words and defense words, let alone adopt lawyers' opinions. This is a fact. Now a good defense and proxy still have a considerable impact on the outcome of the case, and the judge will read it carefully. As far as winning cases are concerned, the important role of defense words and proxy words is beyond doubt. Why do judges carefully read the documents written by some lawyers and adopt a large number of their defense views is because lawyer documents are the concentration and carrier of lawyers' legal knowledge, writing level, practical experience and litigation skills. In lawyers' documents, the level of lawyers is like a crystal clear river, which can be seen at a glance. As long as we adhere to the principle of saying only when there is a reason, and there is no reason not to talk nonsense, we should carefully write every defense word and proxy word, and strive to make every defense word and proxy word legal, logical, ornamental and encouraging. Such a proxy word is still possible.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 162 A civil juristic act carried out by an agent in the name of the principal within the scope of his agency authority is effective for the principal.
Article 163 Agency includes entrusted agency and legal agency. 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 171 Where an actor has no agency, exceeds the agency or remains an agent after the agency is terminated, it shall not be effective to the principal without ratification by the principal.