1. Different targets:
The former is set up for criminal suspects, defendants in public prosecution cases and defendants in private prosecution cases, while the latter is set up for private prosecutors, victims and parties involved in incidental civil litigation.
2. Defenders and agents ad litem enter the criminal proceedings in different ways:
The former can also enter the proceedings through the designation of the court, except the entrustment. When the agent enters the lawsuit, he is entrusted by the principal to enter the lawsuit.
3. The status of defense and agency is completely different.
The former has an independent status and is not influenced by the will of criminal suspects, nor is it interfered by individuals such as courts and procuratorates. The latter must operate within the scope authorized by the principal according to law, because the behavior of the agent not only has the same effect as that of the principal, but also has all legal effects.
II. Procedural Law of Agent ad litem
1. Determination of legal agent ad litem
(1) The guardian of a person without or with limited capacity for civil conduct is his legal agent.
(2) If the guardian has not been determined in advance, it can be determined by a person with guardianship qualification through consultation. If negotiation fails, the people's court shall appoint a legal representative to represent the lawsuit.
(3) If legal representatives shirk their responsibilities, the people's court shall appoint one of them to represent the lawsuit.
2. Determination of entrusted agent ad litem
(1) The following persons can be entrusted agents.
1 lawyer;
2. Close relatives of the parties concerned;
3. persons recommended by relevant social organizations or units;
other citizens permitted by the people's court.
(2) The following persons cannot be entrusted agents.
1 a person without civil capacity;
2. People with limited capacity for civil conduct;
3. people who may harm the interests of the client;
4. The people's court considers it inappropriate to act as an agent ad litem.
3. General authorization and special authorization
(1) Special authorization: An agent ad litem must have the qualification of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(2) General authorization: If the power of attorney only says "full power of attorney" without specific authorization, it is not a special authorization.
4. Special problems in divorce cases
(1) In divorce proceedings, I still need to appear in court even if I have an entrusted agent ad litem.
(2) If it is really impossible to appear in court due to special circumstances, a written opinion must be submitted to the court.
(3) Can't express his will and doesn't need to appear in court. But his legal representative should appear in court.
Of course, in civil cases, we can also directly invite lawyers or other close relatives to act as agents ad litem, but in civil cases, the title of lawyers belongs to agents, and the agency opinions submitted are also general proxy words. Only when the case is a criminal case, the lawyer's identity belongs to the defender, and the agent ad litem can only be formed through entrustment, so the defender has an independent status.