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Section 2 Agents ad Litem
第二节 诉讼代理人
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.
第五十七条 无诉讼行为能力人由他的监护人作为法定代理人代为诉讼。
"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."
法定代理人之间互相推诿代理责任的，由人民法院指定其中一人代为诉讼。
"Article 58 A party to an action, or statutory agent may appoint one or two persons to act as his agents ad litem."
第五十八条 当事人、法定代理人可以委托一至二人作为诉讼代理人。
"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."
律师、当事人的近亲属、有关的社会团体或者所在单位推荐的人、经人民法院许可的其他公民，都可以被委托为诉讼代理人。
"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."
第五十九条 委托他人代为诉讼，必须向人民法院提交由委托人签名或者盖章的授权委托书。
The power of attorney must specify the matters entrusted and the powers conferred.
授权委托书必须记明委托事项和权限。
"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."
诉讼代理人代为承认、放弃、变更诉讼请求，进行和解，提起反诉或者上诉，必须有委托人的特别授权。
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.
侨居在国外的中华人民共和国公民从国外寄交或者托交的授权委托书，必须经中华人民共和国驻该国的使领馆证明；
"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."
没有使领馆的，由与中华人民共和国有外交关系的第三国驻该国的使领馆证明，再转由中华人民共和国驻该第三国使领馆证明，或者由当地的爱国华侨团体证明。
"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."
第六十条 诉讼代理人的权限如果变更或者解除，当事人应当书面告知人民法院，并由人民法院通知对方当事人。
"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. "
第六十一条 代理诉讼的律师和其他诉讼代理人有权调查收集证据，可以查阅本案有关材料。
The scope of and rules for consulting materials pertaining to the case shall be specified by the Supreme People's Court.
查阅本案有关材料的范围和办法由最高人民法院规定。
"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. "
第六十二条 离婚案件有诉讼代理人的，本人除不能表达意志的以外，仍应出庭；
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.
确因特殊情况无法出庭的，必须向人民法院提交书面意见。
