Prohibition of risk agency

Legal analysis: marriage and inheritance cases; Requiring to enjoy social insurance benefits or minimum living security benefits; Requesting to pay alimony, alimony, alimony, pension, relief fund and compensation for work-related injuries; Cases requesting payment of labor remuneration. The Supreme People's Court believes that in the principal-agent contract relationship, the rights of the principal are the basis for the agent to legally exercise the power of agency, and the agent should serve the principal faithfully and diligently according to the scope and authority authorized by the principal. Criminal case agency is different from general civil case agency. If risk agency is allowed in criminal proceedings, lawyers have sufficient economic motivation in risk agency. Therefore, the crime of perjury, helping criminals evade criminal sanctions and exonerating criminals may be adopted to win a successful judgment, which may also lead to judicial corruption and harm the public interest.

Legal basis: Article 11 of the Measures for the Administration of Fees for Lawyers' Services stipulates that in handling civil cases involving property relations, if the client still asks for risk agency after learning the government-guided price, the law firm may implement risk agency fees, except for the following circumstances: (1) marriage and inheritance cases; (2) Requesting social insurance benefits or minimum living security benefits; (3) Requesting to pay alimony, alimony, alimony, pension, relief fund and compensation for work-related injuries; (4) Request for payment of labor remuneration, etc.