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中华人民共和国民事诉讼法(英文版)(上)

http://www.dffy.com 2007-1-19 17:16:29 来源:东方法眼

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  The judgments or orders rendered by the people s court shall be effective for all the claimants who have filed at the court. The same judgments or orders shall be binding on the claimants who have not filed at the court but instituted legal proceedings during the limitation of action.
  Article 56. If a third party considers that it has an independent claim to the object of action of both parties, it shall have the right to bring an action.
  If a third party has no independent claim to the object of action of both parties, however, the outcome of the case will affect its interest legally, it may file a request to participate in the proceedings or the people s court shall notify it to participate. A third party that is to bear civil liability as judged by the people s court shall have the litigation rights of a party.
  SECTION 2 AGENTS AD LITEM
  Article 57. Any person with no capacity to engage in litigation shall have his guardians as agents ad litem to represent him in a lawsuit. If the agents ad litem try to shift their responsibilities as agents ad litem onto one another, the people s court shall appoint one of them to represent the principal in litigation.
  Article 58. Each party or legal representative may appoint one or two persons to act as his agents at litem.
  A party s near relative, a lawyer, a person recommended by a relevant public organization 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 agent ad litem.
  Article 59. When a person entrusts 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.
  The power of attorney must specify the matter and limits of authority entrusted. An agent ad litem must possess special authorization from his principal to confirm, relinquish or modify the claim or to institute a compromise or file a counterclaim or an appeal.
  A power of attorney mailed or delivered care of others by a citizen of the People s Republic of China residing abroad must be certified by the Chinese embassy or consulate in that country. 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 state that has diplomatic relations with the People s Republic of China stationed in the country, and then transferred for verification to the embassy or consulate of the People s Republic of China stationed in that third state, or by a local patriotic overseas Chinese organization.
  Article 60. A party shall inform the people s court in writing if it changes or revokes the authority of an agent ad litem, and the court shall notify the other party of the change or revocation.
  Article 61. a lawyer who serves as an agent ad litem shall have the right to investigate and collect evidence, and may consult materials pertaining to the case in accordance with relevant regulations. However, if such materials involve state secrets, trade secrets or the private affairs of individuals, he must keep the confidential information from the parties concerned and others.

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