The essential difference between defender and agent

Defenders and agents are both people who perform legal acts for the parties, but they are essentially different in terms of responsibility, authority and legal status. Defender is the legal agent who defends the criminal suspect or defendant, belongs to the litigation subject and has certain independence and legal status; An agent is an agent who conducts civil litigation or non-litigation affairs for the parties and needs the entrustment and authorization of the principal.

1. Difference between duty and authority: Defenders defend criminal suspects and defendants, and their main duties are to protect the litigation rights and legitimate rights and interests of the parties, and to participate in litigation and provide legal assistance on behalf of the parties in judicial proceedings. Defenders have certain independence in litigation, they can freely choose defense strategies and defense methods, and they can independently raise objections and express defense opinions. An agent is an agent for the parties in civil litigation or non-litigation matters, and needs to accept the entrustment and authorization of the client and carry out agency activities according to the authorization of the client. Second, the difference of legal status: as a professional role in criminal proceedings, defenders have special qualifications and norms. As a legal agent, like other legal agents, you need to hold a lawyer's qualification certificate and abide by legal professional ethics. On the other hand, an agent is an agent, which can be revoked or replaced by the client at any time, and does not have the independence and legal status of a defender. Third, agents face different targets: the main target of defenders is criminal suspects or defendants, while agents mainly serve the parties in civil cases or the clients in non-litigation matters. Therefore, there are essential differences between defenders and agents in terms of responsibility, authority and legal status.

Are there any other legal representatives besides defenders and agents? Besides defenders and agents, some people can also be legal agents under certain conditions, such as legal agents, guardians and authorized agents. Different legal representatives also have differences in responsibilities, authority and legal status.

Defenders and agents have essential differences in legal status, responsibilities and authority, which need to be analyzed and judged from different angles. As a legal adviser, you need to choose a suitable legal representative according to the case and specific circumstances to guide the parties to safeguard their legitimate rights and interests.

Legal basis:

Article 26 of the Lawyers Law of People's Republic of China (PRC) * * * Lawyers shall abide by laws, regulations and professional ethics when acting as agents in litigation cases, and their actions shall be instructed and authorized by their clients.