Legal analysis
Civil Agency In China's judicial practice, the parties and legal representatives may entrust one or two persons as litigation agents. 1. Grass-roots legal service workers refer to those who meet the practice conditions stipulated in the Measures for the Administration of Grass-roots Legal Service Workers, have been approved for practice registration, obtained the practice certificate of legal service workers, practice in grass-roots legal service offices, and provide legal services to the society. 2, the staff of the parties, here refers to the relevant units (legal persons or unincorporated organizations) as the parties to this case, can entrust their own staff as their agents ad litem. 3. Citizens recommended by the community where the parties are located. The party mentioned here refers to the situation where a natural person is the party. If the parties are natural persons, the residents' committee or villagers' committee may recommend the citizen as their agent ad litem. 4. A lawyer refers to a person who is entrusted or assigned to provide legal services such as litigation agency or defense business for the parties.
legal ground
Article 33 of the Criminal Procedure Law of People's Republic of China (PRC) * * * A criminal suspect or defendant may entrust one or two persons as defenders in addition to exercising the right of defense by himself. The following persons may be entrusted as defenders: (1) lawyers; (2) A person recommended by a people's organization or the unit to which the criminal suspect or defendant belongs; (3) Guardians, relatives and friends of criminal suspects and defendants. A person who has been sentenced to punishment according to law or deprived of or restricted personal freedom shall not act as a defender. A person who has been dismissed from public office or has his lawyer's or notary's practice certificate revoked may not act as a defender, except the guardian or near relative of the criminal suspect or defendant. Article 85 of the Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC) According to Item 2 of Paragraph 2 of Article 58 of the Civil Procedure Law, husband and wife, lineal blood relatives, collateral blood relatives within three generations, close in-laws and other relatives who have the relationship of support and maintenance may be the agents ad litem. Article 86 According to Item 2, Paragraph 2, Article 58 of the Civil Procedure Law, employees who have legal labor and personnel relations with the parties may act as agents ad litem in the name of the staff members of the parties. Article 31 of the Administrative Procedure Law of the People's Republic of China * * * The parties and their legal representatives may entrust one or two persons as agents ad litem. The following persons may be entrusted as agents ad litem: (1) lawyers and grassroots legal service workers; (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.