Litigation is very convenient, has many advantages, and can reduce a lot of intermediate procedures for us;However, not anyone can be a litigant, and some conditions for a litigant must be met, otherwise the legal effect of the lawsuit will be affected. So who can be entrusted with the lawsuit**?
Netizen consultation:
Who can be appointed as a civil litigator.
Lawyer answers:
1. Lawyers, grassroots legal service personnel;
2. Close relatives or staff of the parties;
3. Citizens recommended by the community, unit and relevant social groups where the parties are located.
If another person is entrusted to litigate on behalf of the client, 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 matters and authority of the entrustment, and the person who admits the claim, waives or modifies the claim, settles, files a counterclaim or appeals must be specifically authorized by the client.
Lawyer adds:
What are the rights of the litigant?
1. Conduct litigation activities in the name of the person being **. The purpose of litigation is to protect the legitimate rights and interests of the respondent, so it can only be litigated in the name of the respondent, not in its own name
2. The litigant is a person with the capacity to litigate. A person who does not have the capacity to litigate cannot be a litigant. In litigation, if the litigant loses the capacity to litigate, he also loses the qualification of the litigant;
3. Carry out litigation acts within the scope of authority. The authority of the litigant shall be provided by law or authorized by the parties. All litigation acts carried out beyond the power of ** are invalid litigation acts and cannot produce the effect of litigation law;
4. The legal consequences of the lawsuit shall be borne by the respondent.
Laws and Regulations] Article 52 of the Civil Procedure Law of the People's Republic of China.
The parties have the right to entrust a person to apply for recusal, collect and provide evidence, conduct debate, request mediation, file an appeal, and apply for enforcement.
The parties may consult the relevant materials of the case, and may make copies of the relevant materials and legal documents of the case. The scope and methods for inspecting and reproducing materials related to this case are to be provided for by the Supreme People's Court.
The parties must exercise their litigation rights in accordance with the law, abide by the litigation order, and perform the judgments, rulings and mediation documents that take legal effect.
Article 58: Parties and legally-designated persons may retain one or two persons to serve as litigants. The following persons may be appointed as litigants:
1) Lawyers and basic-level legal service workers;
2) The close relatives or staff of the parties;
3) Citizens recommended by the parties' communities, units, and relevant social groups.
Brief introduction of lawyer Fang Weizheng
Professional and responsible.