1. Definition: A legal agent ad litem refers to a person who exercises rights, performs obligations and carries out legal acts on behalf of the parties in court proceedings in accordance with the law;
2. Identity: The legal agent ad litem can be a lawyer, a legal worker or a specific person permitted by law to represent, such as a relative or legal representative;
3. Rights and obligations: The legal agent ad litem has the right and obligation to conduct litigation activities on behalf of the parties. You can appear in court on behalf of the parties, submit documents, put forward defense opinions and mediate. At the same time, they also have the responsibility to protect the interests of the parties and safeguard the justice of the law and the smooth progress of due process;
4. Legal basis: The identity and scope of authority of a legal agent ad litem are usually stipulated by relevant laws and regulations, such as the Civil Procedure Law and the Criminal Procedure Law.
5. Restrictions and requirements: The legal agent ad litem may be subject to some restrictions and requirements in the process of agency. For example, lawyers need to be entrusted by the parties, and relatives' agents may need to have a specific legal relationship.
Agent ad litem has the following characteristics in the judicial process:
1. On behalf of the parties: an agent ad litem refers to a person who exercises rights and performs obligations on behalf of the parties in the course of litigation. They assume the responsibility of representing the interests of the parties, conduct legal acts and put forward defense opinions;
2. Legal expertise: As an ordinary litigation agent, lawyers have legal expertise and experience, can be familiar with legal procedures and relevant laws and regulations, and provide legal advice and legal guidance to the parties;
3. Agency capacity: An agent ad litem has agency power and agency capacity, and can conduct various legal acts on behalf of the parties, such as filing a lawsuit, submitting evidence, arguing, etc.
4. Obligation of confidentiality: The agent ad litem has the obligation of confidentiality, and must protect the privacy and personal information of the parties, and shall not disclose confidential information related to the case;
5. Integrity and professional ethics: an agent ad litem shall abide by professional ethics and legal provisions, be honest and trustworthy, and shall not commit fraud, false statements or other improper acts;
6. Agency fees: An agent ad litem may charge agency fees, including consulting fees and attorney fees. The fees may vary according to the complexity of the case and the professional experience of the agent;
7. Legal liability: the agent ad litem shall abide by the legal provisions and professional ethics in the process of agency. If he violates the law or professional ethics, he may face legal responsibility and professional punishment.
To sum up, the meaning and scope of application of legal agent ad litem is called legal agent ad litem. A person who obtains and exercises the right of attorney in litigation according to law is called a legal agent ad litem. Legal litigation agency is an agency system established by law for people without legal capacity.
Legal basis:
Article 16 of the Civil Code of People's Republic of China (PRC)
Involving the protection of the interests of the fetus such as inheritance and acceptance of gifts, the fetus is regarded as having the capacity for civil rights. However, if the fetus has died during childbirth, its capacity for civil rights does not exist from the beginning.
Article 17
/kloc-Natural persons over 0/8 years old are adults. A natural person under the age of eighteen is a minor.
Article 18
Adults are people with full capacity for civil conduct and can independently carry out civil legal acts.
/kloc-Minors over 0/6 years old whose main source of livelihood is their own labor income are regarded as persons with full capacity for civil conduct.