Legal basis: Civil Procedure Law
Article 57 stipulates that a person without legal capacity shall be represented by his guardian. If the legal representative shirks the agency responsibility, the people's court shall appoint one of them to represent the lawsuit.
Article 58 stipulates that 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.
Article 59 stipulates that 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.
Extended data
Provisions of the Supreme Court on Letter of Recommendation (recommending entrusted agents ad litem)
1. According to the provisions of Item 3, Paragraph 2, Article 58 of the Civil Procedure Law of People's Republic of China (PRC) and Articles 87 and 88 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of People's Republic of China (PRC), this model is formulated by recommending qualified citizens as litigation agents for the communities, units and relevant social organizations where the parties are located.
2. Where a social organization recommends a citizen as an agent ad litem, it shall meet the following conditions:
(1) Social organizations are non-profit legal person organizations registered or exempted from registration according to law; (2) The principal is a member of the social group, or the domicile of one party is located in the activity area of the social group; (3) Agency affairs belong to the business scope stipulated in the articles of association of social organizations; (4) The recommending citizen is the principal responsible person of the social organization or a staff member who has legal labor and personnel relations with the social organization.
3. A patent agent, recommended by the All-China Patent Agents Association, may act as an agent ad litem in patent dispute cases.
Official website of the Supreme Court-Letter of recommendation (recommended by entrusted agent ad litem)
Baidu Encyclopedia-People's Republic of China (PRC) Civil Procedure Law