Illegal Citizenship Agent In Civil Lawsuits

Although the new Civil Procedure Law of 2012 on the citizens of the agent have been made restrictions,China's commissioning agent by the legitimacy is still popular with no substantive changes.Illegal citizenship is the overall statement that a person who is outside the scope of the provisions of Article 58 of the new Civil Procedure Law in the civil proceedings acts as a litigation agent or ordinary citizen through authorization status of fake and fictitious laws and regulations.Investigated the illegal civil agent operation form in practice,there are recommended type of illegal agents and fictitious labor relational illegal citizens agent.Based on the investigation in the form of typing,the author founds that any kind of illegal civil agent varies in the expression form and forming reason involves in the problems,that is the effectiveness of the proceedings or litigation activities and avoidance to the occurrence of illegal civil agent.According to the procedural stability and the principle of good faith,the effectiveness of proceedings or litigation activities that have been committed by an "illegal citizen agent" in most cases is effective and a few cases are to be determined.The court just conducts a form of censorship for civil agent qualification.In order to prevent the occurrence of "illegal citizenship agent",the qualification of the litigation agent should be examined in substance.Relevant legislation and judicial interpretation which is also crude should be perfected to avoid that illegal citizens take advantage of the loopholes of legislation to participate in litigation.To construct the disciplinary mechanism of illegal citizens,the legal consequences of illegal citizens should be regulated to avoid the "soft law phenomenon." The legal service demand of the bottom people cannot be effectively satisfied,which is also one of the important reasons for the high incidence of illegal citizens,therefore,it is of great significance to construct the legal service system oriented by the bottom people.Combining the field investigation with the reality of the distribution of judicial resources in our country,it is helpful to regulate the degree of professionalization of litigation agents in our country.In addition to the introduction,the text is divided into five parts.The first part is the general overview of the illegal civil agency in civil litigation.Mainly define the concept of the illegal civil agent,and summarize its characteristics and harmfulness.The second part of the text is the investigation of illegal citizens in the practice.Summing up the two basic forms of illegal citizenship,that is,the recommended illegal citizens and the fictitious labor relational illegal citizens agent and examining the most troubling problem in practice,that is,the effectiveness of illegal acts of citizens who have been carried out,and analyzing and demonstrating the solution.The third part of the text analyzes the causes of illegal citizenship,find out the behind crux,summarize the change of legislation and their relation and the social and cultural demand of legal services and the common people' unsatisfied need of illegal civil agent.The fourth part of the text is a comparative study of the similar situation between countries.By comparing with other countries,their litigation agent professional degree is high,basically pursues lawyer agent,so there is no illegal civil agent.This provides an inspiration for the further improvement of the degree of professionalization of litigation agents in China.And China's Taiwan region implement strict disciplinary punishment to non-lawyers engaged in for-profit agency,which is the foundation of the subsequent construction of the illegal punishment mechanism of civil agency.The fifth part of the text is about the thinking of the regulation of illegal punishment mechanism of civil agency.To improve the existing legislation and related judicial interpretation and block the illegal use of illegal citizens of the legal loopholes.Establish a unified mechanism for the establishment of the rights and responsibilities,standardize the exercise of the right of the community and the unit.The Court has to change the form of review to the substantive review.Because the illegal civil agency cost is too low,so the practice of illegal citizens agency occurs frequently.To build the legal service system referred to the bottom people,we should restrict and also guide to prevent the illegal citizen agency.Improving the degree of professional litigation and reducing the living soil of illegal citizens.From these six aspects,the article is to seek regulation of illegal citizens agency and standardize the order of civil litigation agent through the comparative study between countries and China's current judicial status.