Different definitions of defender and agent ad litem A defender refers to a person who is entrusted by the accused or appointed by the people's court to help criminal suspects and defendants exercise their right to defense and safeguard their legitimate rights and interests. Defenders can be lawyers, people's organizations or units where criminal suspects and defendants work, or guardians, relatives and friends of criminal suspects and defendants. But only a lawyer can be appointed to defend. Defenders have independent litigation status and are not subordinate to criminal suspects or defendants, nor to people's procuratorates or people's courts. The responsibility of the defender is to put forward materials and opinions to prove the innocence, light crime or reduce or exempt the criminal responsibility of the criminal suspect and defendant according to facts and laws, and to safeguard the legitimate rights and interests of the criminal suspect and defendant. The definition of an agent ad litem refers to a person who acts as an agent in the name of one party and accepts the lawsuit within the scope prescribed by law or the authority granted by the parties. The plaintiff, the defendant and the third party apply different civil actions in people's cases on their behalf, which is based on the entrustment of the parties or the direct provisions of the law. They have a wide range of responsibilities, and can conduct all kinds of litigation within the scope of agency authority, including disposing of the substantive rights of the parties. Strictly speaking, civil litigation agents do not have independent litigation status in litigation. Generally, after the court accepts the case, it intervenes in the lawsuit and starts litigation agency activities. The criminal defender is limited to the defendant in a criminal case, which is produced on the basis of the entrustment of the defendant or the designation of the court. His duty is relatively simple, and he can only put forward materials and opinions to prove the innocence, light crime or mitigation or exemption of criminal responsibility of criminal suspects and defendants according to facts and laws. It has an independent litigation status in litigation. Defenders can intervene in public prosecution cases from the date when the case is transferred to the procuratorial organ for examination and prosecution (if the criminal suspect needs to hire a lawyer to provide legal aid, it can be put forward at the first interrogation by the investigated organ or when compulsory measures are taken). The defendant in a case of private prosecution has the right to entrust a defender to intervene in the lawsuit after accepting the case in court.
Legal objectivity:
Article 58 of the Civil Procedure Law of People's Republic of China (PRC) * * * The parties and legal representatives may entrust one or two persons as agents ad litem. The following persons may be entrusted as agents ad litem: (1) lawyers and grassroots legal service workers; (2) Close relatives or staff members of the parties concerned; (three) citizens recommended by the community, units and relevant social groups where the parties are located.