In order to ensure your efficient and economical litigation, standardize 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.

1. What is a Litigation Representative?

Litigation Representative is authorized 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 alleged 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 litigant’s actions such as helping to submit the indictment, collecting documents, or supporting other persons to bring a case to the Court in accordance with the law, is not a litigation representative.

2. Please Understand the Differences and Similarities between Entrusted Representative and Statutory Representative

2.1 The parties may entrust an agent to act in litigation.

2.2 A person without capacity of civil conduct, or a person with limited capacity for civil conduct, shall litigate by their statutory agent.

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 for juveniles agreed to by the work unit of the parents of juveniles, or the residents’　or villagers’　committees of 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.

3. Who can be an Entrusted Agent in Litigation

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 a litigation representative, the party shall submit a letter of law firm, a lawyer’s 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 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 Pow of Attorney, the party shall also submit evidence of labor relations.

(5)　If a party entrusts citizens recommended by the community or work unit in which the parent belongs, or by relevant social communities, as a litigation representative, in addition to the Power of Attorney, the party shall also submit proof of residence, work permit, labor contract and the recommendation materials from the community, work unit or relevant social communities, and proof of identification.

3.2 The parties and their statutory agent may entrust one or two agents to act in litigation.

3.3 If the People’s 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 presentative does not belong to the legal condition, the People's Court will not recognize the person’s　qualification of as an agent and will notify the parties. 　　

3.4 A party’s entrusted litigation representative shall not be accredited by the People’s Court if, under 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 a litigation representative

.

4. What is the Scope of Authority of an Entrusted Agent

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.

4.2. 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 authorized by the client.

The Power of Attorney indicating sole representative without specific authorization is regarded 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.

5.　Some Special Circumstances of Entrusted Representative

The party can appear, or not appear, in Court after the party entrusts a litigation representative, the party of a divorce case shall appear in Court, unless the party cannot express their will. If where the party cannot appear in court for special circumstances, the party must submit a written　opinion.

6.　Requirements for Foreign Civil Litigation Representative

6.1 Foreign nationals, stateless persons, foreign legal persons or other organizations who file a case in Court and require entrust a lawyer to litigate must entrust lawyers of the People’s Republic of China.

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 authorization 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.

6.3 In cases where foreign nationals, stateless persons, foreign legal persons and other organizations that have no residence in the territory of the People’s Republic of China entrust the lawyer or other persons of the People’s Republic of China to litigate, the Power of Attorney sent or delivered from territories outside the People’s Republic of China shall be certified by the notary office of their own country and authenticated by the Embassies and Consulates of the People’s Republic of China or certified through the procedures stipulated in the relevant treaties established between the People’　Republic of China and their country.

6.4 Power of Attorney signed by foreign nationals and stateless persons in front of a staff member of a people’s 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 people’s 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.

6.5 Power of Attorney signed by foreign legal persons and legal representatives, or persons in charge, of other organizations in front of a staff member of a people's court is not required for certification, authentication or other certification procedures. Foreign legal persons and legal representatives, or persons in charge, of other organizations shall show proof of identification and entrust 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 organizations　to prove the right to sign the Power of Attorney. The staff of the people’s court shall indicate the situation of the Power of Attorney.

　6.6 Power of Attorney signed by foreign legal persons or legal representatives, or persons in charge, of other organization 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 organizations to prove the right to sign the Power of Attorney.

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 Mainland China are not allowed to act as agents in the capacity of lawyers. 　　Mainland China, except for civil litigation outside the Announcement on the Scope of Hong Kong of or　Macao-Related Civil Cases Permitting the Representation of Hong Kong or Macao Residents Holding Mainland's Legal Profession Qualification and the Mainland's Lawyer’s Practicing License in the People’s Courts of the Mainland　(Ministry of Justice Notice No. 136)