I. Entrusting an agent to conduct litigation
In the course of litigation, if a party is unable to appear in court in person for some reason, he may entrust an agent to conduct litigation activities on his behalf according to law. The entrusted agent may be a lawyer, a close relative of the party concerned or other citizens recognized by the court. When an entrusted agent appears in court, he needs to bring relevant entrustment procedures, such as power of attorney, to prove his agency qualification.
The second is the convenience and restriction of entrusting an agent to appear in court.
Entrusting an agent to appear in court provides great convenience for the parties, especially when the parties are in different places, physically inconvenient or lack of legal knowledge. However, there are certain restrictions on entrusting an agent to appear in court. For example, some cases involving identity relations, such as divorce proceedings, usually require the parties to appear in court in person, so that the court can directly understand the wishes and situation of both parties. In addition, for some important matters, such as reconciliation, stock withdrawal, etc. It is generally necessary for the parties to make a decision in person.
Three. Requirements for appearing in court under special circumstances
In some special cases, the law clearly requires the parties to appear in court. For example, the trial of criminal cases usually requires the defendant to appear in court in person, unless there are special circumstances that can be approved by the court. In addition, in civil proceedings, if the court deems it necessary, it may also require the parties to appear in court in person to explain the situation or accept inquiries.
To sum up:
There is no need to appear in court in person, and the parties may entrust an agent to conduct litigation activities on their behalf according to law. However, in some special circumstances or when specific matters are involved, the law may require the parties to appear in court in person. Therefore, in a specific case, the parties should decide whether to appear in court in person or entrust an agent to appear in court according to the law and the actual situation.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 58 provides that:
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.
Article 62 provides that:
If there is an agent ad litem in a divorce case, I should still appear in court unless I can't express my meaning; If it is really impossible to appear in court due to special circumstances, a written opinion must be submitted to the people's court.
Criminal Procedure Law of the People's Republic of China
Article 188 stipulates:
The people's court hears cases of first instance in public. However, cases involving state secrets or personal privacy shall not be heard in public; Cases involving commercial secrets may be heard in private upon the application of the parties.
For cases that are not heard in public, the reasons for not hearing in public shall be announced in court.