20 13, 1 Since the implementation of the newly revised Civil Procedure Law (hereinafter referred to as Xinmin Procedure Law), many people have been asking the same question, that is, the problem of litigation agents. Then, after 20 13 10, what changes have taken place in the provisions on civil litigation agents and the Civil Procedure Law (hereinafter referred to as the old Civil Procedure Law) before the revision? Can I still act as an agent ad litem in civil cases as a citizen? In view of such problems, according to the provisions of the new People's Procedure Law, the author makes the following answers.
First, the changes in the provisions of the old civil procedure law and the new civil procedure law on agents ad litem in civil cases.
Before 20 13 1 10 65438, according to the provisions of the second paragraph of Article 58 of the old Civil Procedure Law, the following persons may act as agents ad litem:
(1) lawyers;
(2) Close relatives of the parties concerned;
(3) candidates recommended by relevant social organizations or units;
(four) other citizens approved by the people's court.
June 2065438+June 2003+10/October 1 According to the second paragraph of Article 58 of Xinmin Procedure Law, the following persons can be entrusted as agents ad litem:
(1) lawyers;
(2) Grassroots legal service workers;
(3) Close relatives or staff members of the parties concerned;
(four) citizens recommended by the community, units and relevant social organizations where the parties are located.
In contrast, the provisions of the new civil procedure law on litigation agents have the following changes compared with the old civil procedure law:
Three types of people have been added, namely, grassroots legal service workers, staff of the parties and citizens recommended by the communities where the parties live.
One category of people has been reduced, that is, other citizens with the permission of the people's court.
Second, the interpretation of three types of newcomers.
Grassroots legal service workers refer to those who meet the practice conditions stipulated in the Measures for the Administration of Grassroots Legal Service Workers, are approved to practice registration, obtain the practice certificate of legal service workers, practice in grassroots legal service offices, and provide legal services to the society.
The staff of the parties here refers to the relevant units (legal persons or unincorporated organizations) as the parties to the case, and may entrust the staff of their own units as their agents ad litem.
Citizens recommended by the community where the parties are located, the parties mentioned here refer to the situation where natural persons are the parties. If the parties are natural persons, the residents' committee or villagers' committee may recommend the citizen as their agent ad litem.
Third, summarize.
When a party is a natural person, the scope of acting as his agent ad litem is: lawyers, grassroots legal service workers and their close relatives, citizens recommended by their communities, units and relevant social organizations.
When a party is a unit (legal person or unincorporated organization), the range of personnel who can act as its litigation agent is: lawyers, grassroots legal service workers and their staff.
When the person concerned acts as an agent ad litem, he must submit the following documents to the court:
Lawyer's submission: lawyer's practice certificate, letter from law firm, power of attorney of the parties.
Submitted by grassroots legal service workers: the practice certificate of legal service workers, the letter of introduction issued by grassroots legal service, and the power of attorney of the parties.
The close relatives of the parties submit: the identity documents of the close relatives (referring to the spouses, parents, children, brothers and sisters, grandparents, grandchildren and grandchildren of the parties), and the proof of identity relationship with the client (such as household registration book). ), and the power of attorney of the parties.
Submitted by the staff of the party concerned: the identity certificate of the staff, the certificate issued by the unit that the trustee is its staff, and the power of attorney stamped with the official seal of the unit.
Citizens recommended by the community, unit and relevant social organizations of the party concerned shall submit: proof of citizenship, letters of recommendation from the community, unit and relevant social organizations of the party concerned and other supporting documents (the official seal of the recommending unit is required), and the power of attorney of the party concerned.
Citizens who cannot provide the above-mentioned certificates cannot participate in civil litigation activities as agents ad litem.