4. Notice of Litigation Agent

In order to ensure your efficient and economical litigation, standardise employment of agents to participate in litigation and safeguard your legal rights and interests, we provide you with the following relevant litigation agent instructions to help you effectively exercise your right of entrusting an agent. Please read carefully.
    4.1. What is a Litigation Representative
Litigation Representative is authorised by a civil litigation party or appointed by the People’s Court to exercise the party’s litigation rights on the party’s behalf. The right to conduct and accept litigation is called the right of the litigation representative. A person who enjoys the right of litigation as the agent of the party is called litigation representative. Any persons just delivering the litigants actions such as helping to submit the indictment, collecting documents, or supporting other persons to bring a case to Court in accordance with the law, is not alitigation representative.
4.2. Please Understand the Differences and Similarities between Entrusted Representative and Statutory Representative
4.2.1. The parties may entrust an agent to act in litigation.
4.2.2. A person without capacity of civil conduct, or a person with limited capacity for civil conduct, shall litigate by their statutory agent.
4.2.3. Statutory agents include: parents of juveniles; grandparents of juveniles; brothers or sisters of juveniles; other close relatives or close friends who are willing to take responsibilities of guardianship of juveniles agreed to by the work unit of the parents of juveniles, or the residents’ or villagers’ committees; spouses, parents, adult children, other close relatives and close friends of the mentally ill who are willing to take responsibilities of guardianship agreed to by the work unit, or the residents’ or villagers’ committees of the mentally ill.
    4.3. Who can be an Entrusted Agent in Litigation
4.3.1. Agents who can accept entrustment include: lawyers or basic legal service providers; close relatives or staff of the parties; citizens recommended by the community or work unit in which the parties belong or by the relevant social communities.
(1) If a party entrusts a lawyer as anlitigation representative, the party shall submit a letter of law firm, a lawyers certificate and a Power of Attorney.
(2) If a party entrusts a basic legal service provider, the party shall submit the Practicing Certificate of Legal Service Providers, the certificates issued by Basic Legal Service Office and the Power of Attorney.
(3) Close relatives (spouses, parents, children, siblings, grandparents, grandchildren) entrusted to participate in the proceedings shall submit, in addition to the Power of Attorney, evidence to prove the relationship such as accounts, marriage certificate and other relevant proofs.
(4) If a party entrusts the staff of the work unit as a litigation representative, in addition to the Power of Attorney, the party shall also submit evidence of labour relations.
(5) If a party entrusts citizens recommended by the community or work unit in which the party belongs, or by relevant social communities, as alitigation representative, in addition to the Power of Attorney, the party shall also submit proof of residence, work permit, labour contract and the recommendation materials from the community, work unit or relevant social communities, and proof of identification.
4.3.2. The parties and their statutory agent may entrust one or two agents to act in litigation.
4.3.3. If the Peoples Court finds that the entrusted agent material submitted by the parties does not conform to the above requirements after investigation, the Court shall inform the parties to correct the materials within a limited time. If the parties fail to remedy within a limited time, or if the litigation representative does not belong to the legal condition, the Peoples Court will not recognise the person’s qualification of as an agent and will notify the parties.
4.3.4. A party’s entrusted litigation representative shall not be accredited by the Peoples Court if, after examination, the Court finds one of the following circumstances:
(1). The interests of the agent may be harmed;
(2). The purposes of seeking economic profits;
(3). Other circumstances not appropriate for acting as alitigation representative.
4.4. What is the Scope of Authority of an Entrusted Agent
4.4.1. Scope of authority of a general agent
Agents can only conduct general acts of action, such as the submission of evidence, participation in litigation and the receipt of litigation documents.
4.4.2. Scopes of authority of a special agent
The right of litigation or special rights closely related to the right of entity such as accepting, relinquishing or modifying the claims, continuing the settlement and filing a counterclaim or appealing, must be specially authorised by the client.
The Power of Attorney indicating sole representative without specific authorisation is regarded as general representative. The litigation representative shall not have the right to accept, relinquish, or modify the claims, continue the settlement, file a counterclaim or appeal.
4.5. Some Special Circumstances of Entrusted Representative
The party can appear, or not appear, in Court after the party entrusts alitigation representative. But, the party of a divorce case shall appear in Court, unless the party cannot express their will. In cases where the party cannot appear in court for special circumstances, the party must submit a written opinion.
4.6. Requirements for Foreign Civil Litigation Representative
4.6.1. Foreign nationals, stateless persons, foreign legal persons or other organisations who file a case in Court and require entrust a lawyer to litigate must entrust lawyers of the Peoples Republic of China.
4.6.2. Foreign parties in foreign civil and commercial litigation may entrust their own litigation representative or may entrust their lawyers as litigation representative in the capacity of non-lawyers. Foreign Embassies and Consulates in China, subject to authorisation of their own citizens, may act as litigation representative in their own name, but do not enjoy diplomatic or consular privileges and immunities in the proceedings.
4.6.3. In cases where foreign nationals, stateless persons, foreign legal persons and other organisations that have no residence in the territory of the Peoples Republic of China entrust the lawyers or other persons of the Peoples Republic of China to litigate, the Power of Attorney sent or delivered from territories outside the Peoples Republic of China shall be certified by the notary office of their own country and authenticated by the Embassies and Consulates of the Peoples Republic of China, or certified through the procedures stipulated in the relevant treaties established between the Peoples Republic of China and their country.
4.6.4. Power of Attorney signed by foreign nationals and stateless persons in front of a staff member of a peoples court is not required for certification, authentication or other certification procedures. But, foreign nationals and stateless persons shall show proof of identification and entry permit when signing the Power of Attorney and indicated by the staff of the peoples court on the Power of Attorney. Power of Attorney signed by foreign nationals and stateless persons in China is not required for certification, authentication or other certification procedures, after the notary office certifies the identification of the foreign nationals and stateless persons and verifies that the Power of Attorney is signed in China.

4.6.5. Power of Attorney signed by foreign legal persons and legal representatives, or persons in charge, of other organisations in front of a staff member of a peoples court is not required for certification, authentication or other certification procedures. Foreign legal persons and legal representatives, or persons in charge, of other organisations shall show proof of identification and entry permit when signing the Power of Attorney to a staff member of the people’s court, and also submit certificated and authenticated proof documents issued by the legal personnel or other organisations to prove the right to sign the Power of Attorney. The staff of the peoples court shall indicate the situation on the Power of Attorney.
4.6.6. Power of Attorney signed by foreign legal persons or legal representatives, or persons in charge, of other organisation in China is not required for certification, authentication or other certification procedures after the Power of Attorney being proved by notary office that it is signed in China and the legal representatives or persons in charge submitting the certificated and authenticated proof document issued by the legal personnel or other organisations to prove the right to sign the Power of Attorney.
4.6.7. Hong Kong, Macao and Taiwan resident’s civil litigation representative shall be conducted in accordance to provisions of foreign civil litigation representative. Hong Kong and Macao residents who are qualified to practice in the Chinese mainland are not allowed to act as agents in the capacity of lawyers in the Chinese mainland, except for civil litigation outside the Announcement on the Scope of Hong Kong or Macao-Related Civil Cases Permitting the Representation of Hong Kong or Macao Residents Holding the Mainlands Legal Profession Qualification and the Mainlands Lawyers Practicing License in the Peoples Courts of the Chinese Mainland(Ministry of Justice Notice No. 136)