Such a question is not accurate. Can legal workers represent cases across jurisdictions? Is there a law? " . Simply put, as long as the client's domicile is within the jurisdiction of the legal service office where the legal worker is located, then the legal worker can be entrusted to represent the client's civil case.
Specifically, according to the regulations of provinces and autonomous regions, in principle, legal workers are not allowed to represent cases across counties and regions, nor are they allowed to represent criminal cases.
DecreeNo. 138 of the Ministry of Justice of the People's Republic of China-Measures for the Administration of Grassroots Legal Service Workers
Twenty-seventh grassroots legal service workers shall meet one of the following conditions when handling the business specified in the second paragraph of Article 26 of these Measures:
(1) At least one party's domicile is in the administrative division area at the county level or the administrative division area at the district (county) of the municipality directly under the Central Government where the grassroots legal service where he practices is located.
(two) by the grassroots people's court in the administrative division of the county or municipality directly under the central government where the grassroots legal service is located; If a case enters the procedure of second instance and trial supervision, it may continue to accept the entrustment of the original party and act as an agent ad litem.
The judicial administrative organs of provinces, autonomous regions and municipalities directly under the Central Government may, if they think it is really necessary, appropriately adjust the conditions stipulated in the first paragraph of the preceding paragraph according to local conditions.
As far as this problem is concerned. Whether there is a "regulation" of the subject. It has become a "professional image" that puzzles legal workers! On China's Civil Administrative Procedure Law. It is clear that lawyers and legal workers are two professional qualification forces that people in the legal service industry in China can trust. In the subsequent judicial interpretation of the Supreme Law, it is said that the agency litigation behavior of "legal workers" needs "proof of jurisdiction", and it is said that this stems from "a relevant policy provision that the Ministry of Justice once had". However, the actual problem is that the above-mentioned "Regulations" have long been denied by the relevant administrative measures of the Ministry of Justice (for example, the provisions that "legal service offices and their legal workers are legal service institutions and professional legal service personnel with corresponding qualifications"). The legal service office has long been completely decoupled from any so-called government administrative department ". ). What does the "jurisdiction" of legal workers actually mean? ! But the national condition of seeking truth from facts is. Since a country implemented the rule of law, lawyers have been working hand in hand with lawyers in the field of legal services in China. One difference between them is that they can't handle "criminal cases". In this regard, see the consistent national policies, relevant documents and legal norms in this field.
Legal workers can represent client cases in all provinces and cities. Unless legal workers are blacklisted for serious violations of laws and regulations, it is forbidden to engage in legal business on behalf of clients, otherwise they are not subject to jurisdiction restrictions.
Limited by the jurisdiction, the court hearing the case must be located in the jurisdiction of one party, preferably the jurisdiction where the infringer or illegal party is located, which is intended to facilitate the execution of the case after the judgment. It is very difficult to execute the trial results across jurisdictions, and it is easy to win the case and lose money.
The professional ethics of most legal workers is really flattering! Moreover, the historical mission of this profession has been completed and there is no need to exist.
There are geographical restrictions, but it is unreasonable.
As long as there is agency qualification, there should be no geographical restrictions.
Ministry of Justice 138 Document Measures for the Administration of Grassroots Legal Service Workers Article 27 A legal worker shall meet one of the following conditions when handling related business:
(1) At least one party's domicile is in the administrative division area at the county level or the administrative division area at the district (county) of the municipality directly under the Central Government where the grassroots legal service where he practices is located.
(2) The case shall be tried by the grassroots people's court within the administrative division of the county where the grassroots legal service is located or the district (county) administrative division of the municipality directly under the Central Government.
That is to say, first, if a party is within the jurisdiction of this service, it can act as an agent no matter where the court accepts the case.
Second, whether the parties to the case are within their jurisdiction or not, as long as the court accepting the case is within its jurisdiction, it can also act as an agent.