​Litigation Agents in China

Litigation Agents in China
In China, when a person lacks litigation capacity, their legal guardian can represent them in court. If legal guardians refuse to take responsibility, the court may appoint one of them as the litigation agent. However, a party or legal guardian can appoint one or two individuals as litigation agents, lawyers, grassroots legal service workers, relatives, employees, or citizens recommended by the community, organization, or unit.
To authorize another person to act as a litigation agent, the party must submit a power of attorney signed or stamped by the authorized person to the court. A power of attorney must specify the matters and authority of the appointment. Litigation agents must obtain special authorization from the appointing party to acknowledge, waive, change litigation requests, make settlements, and file counterclaims or appeals. Chinese citizens residing abroad must obtain certification from the Chinese embassy or consulate in the country of residence, a third country with diplomatic relations with China, or a local patriotic overseas Chinese organization before sending or entrusting a power of attorney to China.
If the litigation agent's authority changes or is terminated, the party must inform the court in writing, and the court will notify the other party. Litigation agents, such as lawyers or other appointed individuals, can investigate and collect evidence and access relevant case materials. The Supreme People's Court determines the scope and methods of accessing case materials.
In divorce cases, parties should attend court unless they cannot express themselves, in which case they must submit written opinions to the court if they cannot attend due to exceptional circumstances.
In summary, the Chinese legal system allows litigation agents to represent parties lacking litigation capacity, and parties or legal guardians can appoint litigation agents. However, these agents must have specific authorization, and the party can change or terminate their authority. The Supreme People's Court regulates the scope and methods of accessing case materials.