1, according to different;
2. Different litigation status;
3. Different objects;
4. Defenders and agents ad litem enter criminal proceedings in different ways.
The process of civil litigation defense is as follows:
1, the plaintiff sued;
2. The court will serve a copy of the indictment on the defendant after accepting it;
3. The defendant submits the defense within fifteen days, and the court will serve a copy of the defense to the plaintiff within five days. If the defendant fails to submit the defense, it will not affect the trial;
4. If a hearing is decided, the parties concerned shall be notified and announced three days before the hearing;
5. The court investigation stage includes: statements by the parties; Inform witnesses of their rights and obligations, witness to testify in court, and read out the testimony of witnesses who did not appear in court; Produce documentary evidence, physical evidence and audio-visual materials; Read the appraisal conclusion; Read the interrogation record;
6. The court debate includes: the plaintiff and his agent ad litem speak; Defendant and his agent ad litem reply; The third person and his agent ad litem speak or reply; Debate with each other. After the court debate, the presiding judge shall consult the final opinions of all parties in the order of plaintiff, defendant and third party;
7. At the end of the court debate, a judgment shall be made according to law. Mediation can be conducted before the judgment, and mediation can also be conducted. If mediation fails, a judgment shall be made in time;
8. Announcement of judgment.
To sum up, agents ad litem and defenders are based on different reasons: defenders are entrusted by criminal suspects or defendants or appointed by the court according to law, and agents ad litem are entrusted by the parties and their legal representatives.
Legal basis:
Article 33 of the Criminal Procedure Law of People's Republic of China (PRC)
The way of defense and the scope of defense. In addition to exercising the right of defense, criminal suspects and defendants may also entrust one or two people 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.