(1) Admit part or all of the claims on behalf of others;
(2) Abandoning, changing or increasing the representative's claim;
(3) reconciliation;
(4) counterclaim;
(five) to file or apply for withdrawal of the complaint.
According to China's criminal procedure law, criminal proceedings are divided into two categories: one is the public prosecution case filed by the procuratorial organ after examination, and the other is the private prosecution case filed by the victim directly to the court. The victim suffered material losses due to the defendant's criminal behavior and has the right to file an incidental civil action.
China's criminal procedure law also stipulates that the private prosecutor and his legal representative in a private prosecution case, the parties involved in an incidental civil action and his legal representative have the right to entrust an agent ad litem at any time. China's Civil Procedure Law also stipulates that civil litigation agents are divided into general agents and special authorized agents, and the power of attorney shall specify the entrusted matters and authority. Special authorization includes recognition, modification and waiver of claims, conciliation, mediation, appeal or counterclaim.
However, the judicial interpretation of the Civil Procedure Law clearly stipulates that if the power of attorney only says "full authorization" without specific authorization, the agent ad litem has no right to admit, change, abandon the claim, make reconciliation, mediation, appeal or counterclaim on his behalf. In other words, if the power of attorney only says "full agency" without specific authorization, it is regarded as the general agent.
What are the basic contents of the power of attorney?
1. Name, gender, date of birth, occupation and current address of the client and trustee. If the client is a legal person, the full name, address and name of the legal representative of the legal person shall be stated.
2. Entrust matters must be written clearly and specifically. It should be noted that in civil agency, the matters entrusted by the agent must be civil acts with legal significance and certain legal consequences.
3. The scope of authority entrusted is the effective basis for the agent to carry out the agency behavior, and the lawyer must write clearly when writing the power of attorney.
legal ground
People's Republic of China (PRC) Civil Procedure Law
Article 59
If another person is entrusted to represent the lawsuit, a power of attorney signed or sealed by the client must be submitted to the people's court.
The power of attorney must specify the entrusted matters and authority. An agent ad litem must have the special authorization of the client, and can admit, waive or change the claim, make a settlement, file a counterclaim or appeal on his behalf.