Close relatives stipulated in the Civil Procedure Law include spouses, parents, children, brothers and sisters, grandparents, grandparents, grandchildren and grandchildren. The procedures to be submitted include the identity documents of close relatives and the proof of identity relationship with the client (such as household registration book, etc.). ) and the power of attorney of the parties. Regarding the scope of close relatives, China's current laws and judicial interpretations have different provisions for different legislative purposes:
1. Close relatives in criminal proceedings. According to the sixth paragraph of Article 106 of the Criminal Procedure Law, close relatives in criminal proceedings include spouses, parents, children, brothers and sisters. The range of close relatives stipulated in this article is relatively small.
2. Close relatives, including spouses, parents, children, brothers and sisters, grandparents, grandparents, grandchildren and grandchildren. The scope of close relatives stipulated in this article only includes spouse, immediate family members within three generations and the nearest collateral relatives.
legal ground
People's Republic of China (PRC) Civil Procedure Law
Article 60 A person without civil capacity shall be his guardian as his legal representative. If the legal representative shirks the agency responsibility, the people's court shall appoint one of them to represent the lawsuit.
Article 61 A party or legal representative 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 A power of attorney signed or sealed by the client must be submitted to the people's court when entrusting others to represent the litigation.
The power of attorney must specify the entrusted matters and authority. An agent ad litem must have the special authorization of the client, and can admit, waive or change the claim, make a settlement, file a counterclaim or appeal on his behalf.
The power of attorney sent or entrusted by China * * and China citizens living abroad must be authenticated by China * * and China's embassy or consulate in that country; If there is no embassy or consulate, it shall be certified by the embassy or consulate of a third country that has diplomatic relations with the people of China, and then by the people of China and the embassy or consulate of China in a third country, or by the local patriotic overseas Chinese delegation.