1, different objects. The former is established for criminal suspects, defendants in public prosecution cases and defendants in private prosecution cases, while the latter is established for private prosecutors, victims and parties involved in incidental civil litigation.
2. There are different ways to enter criminal proceedings. In addition to accepting entrustment, defenders can also enter the proceedings through the designation of the court. When an agent enters a lawsuit, he is entrusted by the principal to enter the lawsuit.
3. The litigation status is different. Defenders have independent litigation status, while agents do not.
Who can be the entrusted agent in civil litigation?
1, lawyer, grassroots legal service worker. A lawyer refers to a professional who has obtained a lawyer's professional certificate according to law, is entrusted or assigned, and can provide relevant legal services to the parties as a lawyer.
2. Close relatives or staff members of the parties: The so-called grassroots legal service workers refer to those who meet the relevant practice conditions stipulated in the Measures for the Administration of Grassroots Legal Service Workers issued by the Ministry of Justice (Order No.60 of the Ministry of Justice on March 3, 20001day), have been approved to practice registration, obtained the practice certificate of legal service workers, practiced in grassroots legal service offices, and provided legal services to the society.
3. Citizens recommended by the community, unit and relevant social organizations where the parties are located: close relatives are legal close relatives, and the staff of the parties are units, and their staff can be entrusted as agents ad litem. Close relatives include: spouse, parents, children, brothers and sisters, grandparents, grandparents, grandchildren and grandchildren.
Legal basis: Article 61 of People's Republic of China (PRC) Civil Procedure Law.
The parties and legal representatives may entrust one or two persons as agents ad litem.
The following persons may be entrusted as agents ad litem:
(roll call should be dressed as a lawyer and a grassroots legal service worker;
(2) Close relatives or staff members of the parties concerned;
(three) citizens recommended by the community, units and relevant social groups where the parties are located.
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