Article 83 The guardian of a person with no capacity for civil conduct or with limited capacity for civil conduct in litigation is his legal representative. If the guardian is not determined in advance, it may be determined by a person with guardianship qualifications through consultation; If negotiation fails, the people's court shall designate their legal representatives to conduct the proceedings. If a party does not have a guardian as stipulated in paragraphs 1 and 2 of Article 16 and paragraph 1 of Article 17 of the General Principles of Civil Law, it may designate relevant organizations as agents ad litem as stipulated in paragraphs 4 of Article 16 and 3 of Article 17 of this Law.
Article 84 A party may not entrust a person with no capacity for civil conduct, a person with limited capacity for civil conduct or any other person who cannot act as an agent ad litem according to law.
Article 85 According to Item 2, Paragraph 2, Article 58 of the Civil Procedure Law, husband and wife, lineal blood relatives, collateral blood relatives within three generations, close in-laws and other relatives who have a dependency relationship may be close relatives of the parties as agents ad litem.
Article 86 According to Item 2, Paragraph 2, Article 58 of the Civil Procedure Law, employees who have legal labor and personnel relations with the parties may act as agents ad litem in the name of the staff members of the parties.
Article 87 According to Item 3, Paragraph 2, Article 58 of the Civil Procedure Law, if a social organization recommends a citizen as an agent ad litem, it shall meet the following conditions:
(1) Social organizations are non-profit legal person organizations registered or exempted from registration according to law;
(2) The principal is a member of the social group, or the domicile of one party is located in the activity area of the social group;
(3) Agency affairs belong to the business scope stipulated in the articles of association of social organizations;
(4) The recommending citizen is the person in charge of the social organization or a staff member who has legal labor and personnel relations with the social organization.
Patent agents, recommended by the All-China Patent Agents Association, can act as litigation agents in patent dispute cases.
Article 88 An agent ad litem shall submit relevant materials to the people's court in accordance with the following provisions, in addition to the power of attorney provided in Article 59 of the Civil Procedure Law:
(1) A lawyer shall submit the lawyer's practice certificate and the certification materials of the law firm;
(2) Grassroots legal service workers shall submit the practice certificate of legal service workers, the letter of introduction issued by grassroots legal service and the certification materials that one party is located in this area;
(three) the close relatives of the parties shall submit the identity documents and certification materials that have a close relationship with the client;
(four) the staff of the party concerned shall submit the identity documents and the proof materials of legal labor and personnel relations with the party concerned;
(five) citizens recommended by the community or unit where the parties are located shall submit identity documents, recommendation materials and certification materials of the community or unit to which the parties belong;
(six) citizens recommended by relevant social organizations shall submit identity documents and certification materials that meet the conditions stipulated in Article 87 of this Interpretation.
Article 89 The power of attorney submitted by the parties to the people's court shall be sent to the people's court before the court session. If the power of attorney only says "full authorization" without specific authorization, the agent ad litem has no right to admit, abandon or change the claim, make a settlement, file a counterclaim or appeal on his behalf.
If both parties appear in court at the same time to hear a case in summary procedure, they may entrust an agent ad litem orally on the spot and the people's court shall record it.