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Research on Civil Agent System

Author: ShaSha
Tutor: ChenGang
School: East China University of Political Science
Course: Procedural Law
Keywords: Civil agent Legal services Litigation insurance The system of lawyer
CLC: D925.1
Type: Master's thesis
Year: 2011
Downloads: 37
Quote: 0
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Abstract


Comparing to the lawyers who have the certifications, the civil agents just get the right from civil procedure law which said that a party’s near relative, a person recommended by a relevant social group or the unit to which a party belongs or any other citizen approved by the people’s court may be entrusted as the party’s ad litem. But sometimes,the civil agents are neither friends nor works, fellow of the parties. They help one of the parties asking for their right in the court, after the case ending, the client always give them some money. The agent system of litigation is established for the party lack of basic ability, so is the civil agent. And the perspective of this article is the civil agent.The system is always related with the lawyer system .So, firstly, we must research on lawyer system. China’s lawyer system produced in the Qing Dynasty. Then civil agent system came. In the beginning, the development of civil agent is extremely limited. Until 1954, Article 8 of < Organic Law Of The People’s Courts Of The People’s Republic Of China>said,the accused has the right to defence…He may also be defended by a citizen recommended by a people’s organization or his place of employment, by a citizen approved by the people’s court,or by a near relative or guardian. It means that from the moment the civil agent is lawful. Since 1996, along with the development of economic ,surge in the number of cases, and lack of lawyers, the civil agent speedily developed, but also created some problems. This article through research on two reports witten by a law firm in Shaanxi and a court in Shanghai, found that the civil agent’s knowledge, the impacts they bring to the legal services market ,the effect the bring to the judicial management made many problems. Lawyers argue that the system must be abolished. The judiciary is trying to regulate and improve it. This article pointed out that the lack of lawyers and high costs in proxy , weakly aid for parties, the lack of insurance litigation is needed to solve. Now, the civil agent system is still has some reason to exist. We must improve the system , make the system of legal services better, establish litigation insurance system and so on.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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