1. Civil defense refers to the document in which the defendant and the appellee respond and defend the facts and reasons for the prosecution or the requests and reasons for the appeal. It is a document corresponding to a civil complaint and a civil complaint. It includes two situations: first, after the plaintiff filed a lawsuit in the People's Court of first instance, the defendant filed a defense to the civil complaint; second, after the case was heard by the People's Court of first instance, one party was dissatisfied and filed an appeal, and the appellee filed an appeal. Defend.
2. The term “agency” as mentioned in these Measures refers to the plaintiff or defendant in a civil litigation case who, in order to safeguard the legitimate rights and interests of the party represented, accepts an entrustment in the name of the client, or performs a court hearing during the court hearing. Comprehensive representation submission to the court after closing. It is not difficult to see from the definitions of the two that the content of defense is obviously different from that of agency.
Second, the content of the two is different.
1. From the definition of civil defense and representation, the content of the defense is the content of the plaintiff's complaint or the appellant's appeal, as well as the defendant's or the appellee's agreement or refutation. 2. The content of the representation is to put forward comprehensive and comprehensive opinions on the points expounded in the first or second instance case, and to refute the plaintiff or appellant's point of view, including the content of the defense.
Third, the relationship between the two is one of tolerance and being tolerated.
1. The content of the agency statement includes the content of the defense.
2. The content of the defense is not the entire content of the power of attorney, but only a part of the power of attorney.
Legal basis: Article 33 of the Criminal Procedure Law of the People's Republic of China. In addition to exercising their right to defense, criminal suspects and defendants may also entrust one or two people as defenders. The following people can be entrusted as defenders:
(1) Lawyers;
(2) People recommended by people's organizations or the unit where the criminal suspect or defendant works;
(3) Guardians, relatives and friends of criminal suspects and defendants.
Persons who have been sentenced to a penalty or deprived or restricted of personal freedom in accordance with the law may not serve as defenders.
Persons who have been dismissed from public office or whose practicing certificates as lawyers or notaries have been revoked may not serve as defenders, except for guardians or close relatives of criminal suspects or defendants.