Criminal proceedings are defenders and civil proceedings are agents. Comparison between defense and agency (1) similarity. Both the defender and the agent participate in the litigation in order to protect the interests of the client, and they have no direct legal interest in the consequences of handling the case. They have many similarities in litigation rights and obligations and some procedures. (2) The difference is 1, and the basis is different. The basis for criminal defenders to participate in criminal proceedings is the authorization of criminal suspects and defendants or the legal designation of the court, while the participation of criminal agents can only be authorized by the parties and their legal representatives. 2. The litigation status is different. Defenders have independent litigation status, defend in their own name, and are not bound by the defendant, while agents do not have independent litigation status, but are attached to the principal and engage in activities according to the will of the principal. 3. The litigation tasks are different. Criminal defense assumes the defense function, that is, refuting the complaint of the procuratorial organ and proving that the criminal suspect or defendant is innocent or guilty, and criminal responsibility should be reduced or exempted; The duty of the agent is to safeguard the legitimate rights and interests of the client. 4, the scope of application is different. The litigation interests of the two objects are just the opposite, and criminal defense is applicable to criminal suspects, defendants and defendants in public prosecution cases; Criminal agency is applicable to victims, private prosecutors and incidental civil parties in public prosecution cases. 5. The content of rights is different. Criminal defenders enjoy a wide range of rights stipulated by law, such as the right to meet, the right to communicate, the right to investigate and collect evidence, and some rights are not even enjoyed by criminal suspects and defendants; The rights enjoyed by a criminal agent are granted by the agent and cannot exceed the scope of authority of the principal. 6. The scope of authority is different. The rights enjoyed by defenders are given by law, and there is no question of the defendant's authorization. Its authorization is only to let defenders participate in litigation. Whether an agent participates in litigation and within what scope of authority, it must be authorized to decide. 7. The name of the activity is different. Defenders use their own names in investigation and evidence collection, submission of defense statements and other activities, and criminal agents use the names of clients in litigation activities.
Legal objectivity:
People's Republic of China (PRC) Criminal Procedure Law Article 2 The tasks of People's Republic of China (PRC) Criminal Procedure Law are to accurately and timely ascertain the facts of crimes, correctly apply laws, punish criminals, protect innocent people from criminal investigation, educate citizens to consciously abide by laws, actively fight against criminal acts, safeguard the socialist legal system, respect and protect human rights, and protect citizens' personal rights, property rights, democratic rights and other rights.