An agent ad litem is a person entrusted by the victim (incidental civil action) to attend the court session on his behalf, which can be said to be a person who defends the plaintiff;
A legal representative is a person who participates in judicial activities in the name of a minor, usually a minor's parents.
Extended data:
Characteristics of agent ad litem:
1. Conduct litigation activities in the name of the client. The purpose of litigation agency is to safeguard the legitimate rights and interests of the principal, so litigation can only be carried out in the name of the principal, not in its own name.
2. An agent ad litem is a person with legal capacity. A person without legal capacity cannot act as an agent ad litem. In litigation, the agent ad litem loses his capacity for litigation, that is, he loses his qualification as an agent ad litem.
3. Conduct litigation within the agency's authority. The agent ad litem's power of agency comes from the legal provisions or the authorization of the parties. Any lawsuit beyond the power of attorney is invalid and cannot produce the effect of procedural law.
4. The legal consequences of litigation agency shall be borne by the client.
5. Neither party can represent the same lawsuit. In litigation, the interests of both parties are opposite. Acting as an agent for both parties at the same time may harm the interests of one party.
Defender characteristics:
Defender's legal status in criminal proceedings is an independent litigation participant and a special defender of the legitimate rights and interests of criminal suspects and defendants.
Defender, criminal suspect and defendant have the same defense function, which is independent of accusation function and trial function. Defenders have the status of independent participants in litigation, defend according to their own will, perform their duties independently, safeguard the legitimate rights and interests of criminal suspects and defendants, and are not influenced by the opinions of prosecutors or the will of criminal suspects and defendants;
You can neither be a "second prosecutor" nor a spokesperson for criminal suspects and defendants. Defenders and prosecutors who appear in court for public prosecution should have equal litigation status. They all obey the command of the judges of the court and perform their respective litigation functions according to law, and no organ, group or individual may illegally interfere.
When undertaking the defense function, defenders should take facts as the basis and law as the criterion. His legal obligation is to be faithful to the truth of the case, respect the objective evidence and stick to the truth. He can neither speculate subjectively nor distort the facts, thus effectively safeguarding the seriousness of the law.
Characteristics of the legal representative:
First, legal representation is based on the direct provisions of the law. In the principal-agent relationship, the power of attorney of the agent is generated by the principal through authorization, and the legal power of attorney is not based on the personal will of the parties, but directly comes from the provisions of the law.
Second, the scope of the legal agent's agency authority is also stipulated by law, which generally belongs to the general agent or the sole agent, and there is no special restriction on the scope of the agency authority. The agency authority of an entrusted agent depends on the provisions of the power of attorney, which can be either a full-power agent or a special agent. An agent can only act on behalf of the principal within the scope authorized by the principal.
Third, there is often a certain blood relationship between the legal agent and the principal, which is the basis of legal agency.
In practice, the most common legal representation mainly includes the following situations:
(1) Parents are legal representatives of their minor children;
(2) One of the spouses is the legal representative of the other without or with limited capacity for civil conduct;
(3) Adult brothers and sisters are the legal representatives of their minor brothers and sisters;
(4) the agent of the employment agency.
Fourth, the purpose of legal agency is to ensure that people with no capacity or limited capacity can participate in civil activities smoothly, enjoy civil rights and assume civil obligations through agency behavior. Mainly for minors and mental patients.
Fifth, legal representation is free.
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