The difference between a litigation agent and a principal agent is that the scope, authority, rights and obligations of the agent in criminal proceedings are different. Agency is a civil legal act entrusted by the principal and carried out in the name of the principal. An agent ad litem refers to a person who acts as an agent in the name of a party within the scope prescribed by law or within the authority granted by the party. There are two types: statutory agent ad litem and authorized agent ad litem. If a party entrusts an agent ad litem to conduct litigation, it can only entrust a maximum of two persons as agents ad litem. Those qualified as civil litigation agents include lawyers and close relatives of the parties. Among them, the parents, children, brothers and sisters designated by the close relatives of the parties. When entrusting another person to act as an agent in litigation, a power of attorney signed or sealed by the client shall be submitted to the People's Court. The power of attorney must specify the matters entrusted by the parties and their authority. An agent ad litem must have special authorization from the client to admit, abandon or change a claim, settle a claim, file a counterclaim or appeal on his behalf.
Legal Analysis
Article 58 of the "Civil Procedure Law of the People's Republic of China"* * *Parties and legal representatives may entrust one or two people as litigation agents. The following people can be entrusted as litigation agents: (1) Lawyers and grassroots legal service workers; (2) Close relatives or staff of the parties; (3) Citizens recommended by the communities, units and relevant social groups where the parties are located.