Relevant content of judicial interpretation:
Article 83 In litigation, the guardian of a person without capacity for civil conduct or with limited capacity for civil conduct is his legal representative. If the guardian has not been determined in advance, the guardianship can be determined through consultation among persons qualified for guardianship; if the consultation fails, the people's court shall appoint a legal representative in the litigation among them. If the party concerned does not have a guardian as stipulated in Paragraph 1 or 2 of Article 16 or Paragraph 1 of Article 17 of the General Principles of the Civil Law, he may appoint the relevant guardian as stipulated in Paragraph 4 of Article 16 or Paragraph 3 of Article 17 of this Law. The organization serves as legal representative in litigation.
Article 84: Persons without capacity for civil conduct, persons with limited capacity for civil conduct, and other persons who are unable to act as agents in litigation according to law shall not be entrusted by the parties to act as agents in litigation.
Article 85 According to the second item of paragraph 2 of Article 58 of the Civil Procedure Law, the person who is married to the party, a direct blood relative, a collateral blood relative within three generations, a consanguineous relative, and other dependents , Relatives who have a supporting relationship can serve as litigation agents in the name of close relatives of the parties concerned.
Article 86 According to the second item of paragraph 2 of Article 58 of the Civil Procedure Law, employees who have a legal labor and personnel relationship with the parties may serve as litigation agents in the name of staff members of the parties.
Article 87 According to the provisions of Article 58, Paragraph 2, Item 3 of the Civil Procedure Law, relevant social groups that recommend citizens to serve as litigation agents shall meet the following conditions:
(1) The social group is a non-profit legal person organization that is registered and established in accordance with the law or is exempted from registration in accordance with the law;
(2) The principal is a member of the social group, or one of the parties is domiciled in The area of ??activity of the social group;
(3) The agency affairs fall within the business scope specified in the articles of association of the social group;
(4) The recommended citizen is the responsible person of the social group person or a staff member who has a legal labor and personnel relationship with the social group.
Patent agents recommended by the All-China Patent Agents Association can serve as litigation agents in patent dispute cases.
Article 88 In addition to submitting a power of attorney in accordance with Article 59 of the Civil Procedure Law, the litigation agent shall also submit relevant materials to the People's Court in accordance with the following provisions:
(1) Lawyers should submit a lawyer’s practicing certificate and law firm certification materials;
(2) Grassroots legal service workers should submit a legal service worker’s practicing certificate, a letter of introduction issued by a grassroots legal service office, and Proof that one of the parties is located within this jurisdiction;
(3) Close relatives of the party should submit identity documents and proof of close relative relationship with the client;
(4) The staff of the party concerned shall submit their identity documents and materials proving that they have a legal labor and personnel relationship with the party concerned;
(5) Citizens recommended by the community or unit where the party is located shall submit their identity documents, recommendation materials and documents proving that the party belongs to the community , unit’s certification materials;
(6) Citizens recommended by relevant social groups shall submit identity documents and certification materials that meet the conditions specified in Article 87 of this Interpretation.
Article 89 The power of attorney submitted by the party to the People's Court shall be submitted to the People's Court before the hearing. If the power of attorney only states "full authority" without specific authorization, the litigation agent shall not have the right to admit, abandon, change the litigation claims, conduct reconciliation, file counterclaims or file appeals on behalf of the parties.
For cases that are subject to summary procedures, if both parties appear in court at the same time and have a direct hearing, they can orally appoint a litigation agent on the spot, and the people's court will record it in the transcript.