A: The lawyer system is an important part of a country's judicial system. Usually, a country's judicial system can only be applied within its sovereignty. Therefore, foreign lawyers are generally not allowed to perform their duties as lawyers in their own countries and participate in litigation activities in court. The principle of appointing or entrusting China lawyers to participate in litigation means that the people's court appoints defenders for foreign defendants who have not appointed defenders or entrusted defenders or agents for foreign parties according to law, and can only appoint or entrust China lawyers, and foreign lawyers are not allowed to participate in criminal proceedings in China. China has never allowed foreign lawyers to practice in our country. The relevant laws and regulations on this issue clearly stipulate that foreign lawyers are not allowed to practice in China, and they are not allowed to represent litigation and appear in court in the name of lawyers; If foreigners, stateless persons and foreign organizations entrust lawyers to represent them in litigation in People's Republic of China (PRC), they shall entrust lawyers from law firms in People's Republic of China (PRC) and China; Wait a minute. As can be seen from these regulations, the main contents of the principle of appointing or entrusting China lawyers to participate in litigation are: (1) If a foreign party entrusts a lawyer to defend or represent the litigation, it must entrust a lawyer in China, but not a foreign lawyer; (2) A foreign lawyer entrusted as a defender or agent ad litem shall not appear in the name or identity of a lawyer and shall not enjoy the rights granted to a lawyer by the laws of China. The people's court only regards him as a general defender or agent ad litem; (3) If the defendant of foreign nationality has not entrusted a defender, the people's court may appoint a defender for him, but a lawyer of China nationality shall be appointed. If a defendant of foreign nationality refuses to entrust a defender to defend him, he shall submit a written statement or record his oral statement at the end of the volume, and the people's court shall allow it.
In order to ensure the legality and effectiveness of foreign parties entrusting China lawyers to defend or represent their actions, the third paragraph of Article 320 of the Supreme People's Court's Reconciliation Measures stipulates that the power of attorney issued by foreigners living outside People's Republic of China (PRC) to China lawyers must be authenticated by the notary office of the host country, the Ministry of Foreign Affairs of the host country or its authorized organ, and the embassy or consulate of China in that country, which has legal effect, except for the mutual exemption authentication agreement between China and that country.