Section 2 Agents ad Litem
第二節 訴訟代理人
Article 57 Any person with no legal capacity to engage in litigation shall have his guardian or guardians as statutory agents to act for him in a lawsuit.
第五十七條 無訴訟行為能力人由他的監護人作為法定代理人代為訴訟。
"If the statutory agents try to shift responsibility as agents ad litem upon one another, the people's court shall appoint one of them to represent the person in litigation."
法定代理人之間互相推諉代理責任的,由人民法院指定其中一人代為訴訟。
"Article 58 A party to an action, or statutory agent may appoint one or two persons to act as his agents ad litem."
第五十八條 當事人、法定代理人可以委托一至二人作為訴訟代理人。
"A lawyer, a near relative of the party, a person recommended by a relevant social organization or a unit to which the party belongs or any other citizen approved by the people's court may be appointed as the party's agent ad litem."
律師、當事人的近親屬、有關的社會團體或者所在單位推薦的人、經人民法院許可的其他公民,都可以被委托為訴訟代理人。
"Article 59 When a person appoints another to act on his behalf in litigation, he must submit to the people's court a power of attorney bearing his signature or seal."
第五十九條 委托他人代為訴訟,必須向人民法院提交由委托人簽名或者蓋章的授權委托書。
The power of attorney must specify the matters entrusted and the powers conferred.
授權委托書必須記明委托事項和權限。
"An agent ad litem must obtain special powers from his principal to admit, waive or modify claims, or to compromise or to file a counterclaim or an appeal."
訴訟代理人代為承認、放棄、變更訴訟請求,進行和解,提起反訴或者上訴,必須有委托人的特別授權。
A power of attorney mailed or delivered through others by a citizen of the People's Republic of China residing abroad must be certified by the Chinese embassy or consulate accredited to that country.
僑居在國外的中華人民共和國公民從國外寄交或者托交的授權委托書,必須經中華人民共和國駐該國的使領館證明;
"If there is no Chinese embassy or consulate in that country, the power of attorney must be certified by an embassy or a consulate of a third country accredited to that country that has diplomatic relations with the People's Republic of China, and then transmitted for authentication to the embassy or consulate of the People's Republic of China accredited to that third country, or it must be certified by a local patriotic overseas Chinese organization."
沒有使領館的,由與中華人民共和國有外交關系的第三國駐該國的使領館證明,再轉由中華人民共和國駐該第三國使領館證明,或者由當地的愛國華僑團體證明。
"Article 60 A party to an action shall inform the people's court in writing if he changes or revokes the powers of an agent ad litem, and the court shall notify the other party of the change or revocation."
第六十條 訴訟代理人的權限如果變更或者解除,當事人應當書面告知人民法院,并由人民法院通知對方當事人。
"Article 61 A lawyer who serves as an agent ad litem and other agents ad litem shall have the right to investigate and collect evidence, and may have access to materials pertaining to the case. "
第六十一條 代理訴訟的律師和其他訴訟代理人有權調查收集證據,可以查閱本案有關材料。
The scope of and rules for consulting materials pertaining to the case shall be specified by the Supreme People's Court.
查閱本案有關材料的范圍和辦法由最高人民法院規定。
"Article 62 In a divorce case in which the parties to the action have been represented by their agents ad litem, the parties themselves shall still appear in court in person, unless they are incapable of expressing their own will. "
第六十二條 離婚案件有訴訟代理人的,本人除不能表達意志的以外,仍應出庭;
A party who is truly unable to appear in court due to a special reason shall submit his views in writing to the people's court.
確因特殊情況無法出庭的,必須向人民法院提交書面意見。