When the parties file a lawsuit, if they need others to assist them in civil litigation due to various factors such as personal time, work or lack of knowledge and experience, such people are agents, the most important of which is professional litigation lawyers. However, there is also a kind of civil agency in a large number of civil cases, so how is civil agency stipulated in the civil procedure law?
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The scope of "close relatives"
According to the laws of our country, close relatives refer to relatives such as spouses, parents, children, brothers and sisters, grandparents, grandparents and grandchildren who have the relationship of support and maintenance. In the review of judicial practice, we should not expand this scope, we should determine whether we are close relatives within the scope prescribed by law, and we should require the parties to submit proof of the relationship between them.
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Scope of "staff"
The concept of employees here is different from what we usually understand. Refers to the person who has labor or personnel relations with the legal person or other organization involved when he is a party. Not all staff can be citizens' agents. In practice, if a staff member is entrusted, it shall submit the labor contract or social insurance relationship and other supporting materials that can prove that the client is a staff member of his unit or other organization.
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Citizens recommended by the community, units and relevant social groups where the parties are located.
The main purpose of this provision is to prevent foreigners from acting as agents in the capacity recommended by their units or related groups, and to follow the understanding of citizens in the Constitution. In practice, it is necessary to review the letters of recommendation from communities, units and relevant social organizations and their reasons. The parties have the right to entrust other citizens other than their close relatives to act as agents, but they need to go to their communities, parties and relevant social organizations to perform the recommendation procedures. Therefore, from this perspective, the Xinmin Procedure Law has no legislative intention of prohibiting other citizens' agency, but for the purpose of standardizing litigation, it highlights the "kinship" and "working relationship" between citizens' agents and the parties and the "recommendation relationship" with their communities, relevant units or relevant social groups. This only restricts the development of professional citizen agencies in society by working relationship, and highlights the credibility guarantee and organizational supervision of citizen agencies by recommendation relationship.
Through the introduction of the above contents, the Civil Procedure Law gives specific legal provisions on civil agency, that is, on the one hand, it is a close relative of the party or a specific staff member of the party's unit, on the other hand, it is a citizen recommended by the party's community, unit and other relevant social organizations. That is to say, this range is relatively broad, but there are also broad edges. However, when people want to choose whether they can represent citizens, they should seek professional guidance to better safeguard their rights and interests.
In addition to allowing certain conditions for civil cases, administrative cases and criminal cases can also be represented by citizens, but they are all strict. Not every citizen can represent them, but he should also show a certain professional quality, otherwise he will do harm to others and himself.
legal ground
Criminal Procedure Law of the People's Republic of China
Article 33 A criminal suspect or defendant may, in addition to exercising the right of defense, entrust one or two persons as defenders. The following persons may be entrusted as defenders: (1) lawyers; (2) A person recommended by a people's organization or the unit to which the criminal suspect or defendant belongs; (3) Guardians, relatives and friends of criminal suspects and defendants. A person who has been sentenced to punishment according to law or deprived of or restricted personal freedom shall not act as a defender. A person who has been dismissed from public office or has his lawyer's or notary's practice certificate revoked may not act as a defender, except the guardian or near relative of the criminal suspect or defendant.
The Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC)
Article 85 According to Item 2, Paragraph 2, Article 58 of the Civil Procedure Law, husband and wife, lineal blood relatives, collateral blood relatives within three generations, close in-laws and other relatives who have a dependency relationship may be close relatives of the parties as agents ad litem. Article 86 According to Item 2, Paragraph 2, Article 58 of the Civil Procedure Law, employees who have legal labor and personnel relations with the parties may act as agents ad litem in the name of the staff members of the parties.
Article 31 of the Administrative Procedure Law of the People's Republic of China * * * The parties and their 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.