6民诉法之诉讼代理人(09年司考三大本分段学习)（The civil litigation agent 6 (09 years and three big Scott subsection learning)）.doc

6民诉法之诉讼代理人(09年司考三大本分段学习)（The civil litigation agent 6 (09 years and three big Scott subsection learning)） The sixth chapter is litigation agent Section 1 Summary of agent ad litem I. The concept of litigation agent The agent ad litem refers to the person who acts on behalf of the party according to the provisions of the law or the entrustment of the party concerned. In a lawsuit, the right of the agent to represent the parties in the civil proceedings is called the right of action. The act of acting on behalf of a party is called litigation. This kind of action includes two aspects: substituting for litigation and substituting for action. The former such as litigation claims, statements of facts and reasons, the provision of evidence, the latter such as to accept the other partys mediation opinions, the parties to accept litigation documents. Two, the characteristics of litigation agents The agent ad litem has the following characteristics: 1. litigation in the name of the agent. The purpose of litigation agency is to protect the legitimate rights and interests of the agent, so it can only be sued in the name of the agent, but not in its own name. 2. litigation agents are those who have the capacity for litigation. A person who has no capacity for litigation can not act as an agent ad litem. In litigation, if the agent loses the capacity for litigation, he loses the qualification of the agent. 3., the implementation of litigation within the authority of the agency. The agents authority is derived from the provisions of the law or the authorization of the parties concerned. All actions beyond the right of agency are invalid actions, and can not produce the effect of procedural law. 4. the legal consequences of litigation agency shall be borne by the agent. 5. in the same lawsuit, the two parties can not be represented. In litigation, the interests of the two parties are antagonistic. At the same time, acting as the agent of both parties may damage the interests of on