On The Defects And Perfection Of The System Of China’s Civil Lawsuit Agent

Lawyers, basic-level legal service workers, the close relatives of the parties or the staff, the community, units, and related social organizations recommend citizens can be entrusted as agent AD litem, according to stipulation of the second paragraph of Article58of theCivil Procedure Law of the People’s Republic of China, which was Modified by August31,2012and came into force on January1,2013. Through the study on the history of the system of China’s civil lawsuit agent, we may draw a conclusion that this provision is only amatter of expediency. The business scope of basic-level legal service workers highly coincides with that of lawyers, but the access conditions of a basic-level legal service worker is significantly lower than a lawyer.It is unfair to continue its existence due to the defects in itssystem design. With the development of Democracy and the rule of law in Chinese society, it is necessary to further improve the system of China’s civil lawsuit agent. As to the current law system, there is also something need to be perfected. Compared with the system ofcivil lawsuit agents abroad, combining with the situation of our country, I suggest that it’sa sensible choice to conditionally introduce the Compulsory Lawyer Agency System in Civil Lawsuits.