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The power of attorney for the second instance can be filled in with reference to the following format. If it is not specifically authorized but general, you can directly change the relevant authority to: general. The details are as follows:
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Legal Analysis: 1. Client.
2. Entrusting unit.
3. Legal representatives.
4. The address of the law firm.
5. Company seal.
Legal basis: Civil Code of the People's Republic of China
Article 9: An entrustment contract is a contract in which the principal and the trustee agree that the trustee will handle the client's affairs.
Article 922: The trustee shall negotiate and handle the entrusted affairs in accordance with the instructions of the client. Where it is necessary to change the client's instructions, the client's consent shall be obtained; Where it is difficult to contact the client due to the urgency of the situation, the trustee shall properly handle the entrusted affairs, but shall promptly report the situation to the client afterwards.
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Legal Analysis: 1. Client.
2. Entrusting unit.
3. Legal representatives.
4. The address of the law firm.
5. Company seal.
The law is based on the Civil Code of the People's Republic of China
Article 919:An entrustment contract is a contract in which the client and the trustee agree that the trustee will handle the client's affairs.
Article 922:The trustee shall handle the entrusted affairs in accordance with the instructions of the client. Where it is necessary to change the client's instructions, the client's consent shall be obtained; If it is difficult to get in touch with the client due to the urgency of the situation, the trustee shall properly handle the entrusted affairs, but shall promptly report the situation to Duan He's client afterwards.
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The power of attorney for the second-instance trial must not be submitted after the trial, and the power of attorney submitted by the parties to the people's court shall be sent to the people's court before trial. According to Article 89 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China, the power of attorney submitted by the parties to the people's court shall be sent to the people's court before trial. If the power of attorney only states "full power" without specific authorization, the litigant has no right to admit, waive or modify the litigation claim, settle the claim, file a counterclaim or file an appeal.
In cases where the summary procedures are applied to try the case, where both parties go to the Shoujing Court at the same time and conduct the trial, they may orally entrust the litigant on the spot, and the people's court will record it in the record.
Administrative Litigation Law of the People's Republic of China
Article 31.
The parties and the legally-prescribed ** person may entrust one or two people as the first person in the litigation.
The following persons may be appointed as litigants:
1) Lawyers and basic-level legal service workers;
2) The close relatives or staff of the parties;
3) Citizens recommended by the parties' communities, units, and relevant social groups.
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How to write the power of attorney of the second instance of civil trial ** authority and what are the ones.
The specific delegation of authority is as follows: 1. The first person who is the appellant: has the right to submit the appeal on behalf of the appellant; Pay the appeal fee on your behalf; appearing in court on behalf of others; Presenting evidence, cross-examining and debating on behalf of others; Acknowledging, modifying, and waiving the appeal request on behalf of the applicant; Reconciliation and mediation on behalf of others; apply for withdrawal of the appeal on behalf of the applicant; Collect all kinds of legal documents on behalf of you.
2. As the appellee's ** person: has the right to appear in court to respond to the lawsuit on behalf of the appellee; appearing in court on behalf of others; Presenting evidence, cross-examining and debating on behalf of others; Reconciliation and mediation on behalf of others; Sign and receive all kinds of legal documents on behalf of you. Basic Facts:
1) Where parties or persons not involved in the case apply for retrial, it is listed"Applicants for retrial";Where all parties apply for a retrial, the fuel is listed"Applicants for retrial";The respondent indicated in the application for retrial is listed"Respondent";Other parties to the original trial who have not submitted an application for retrial or have not been listed as the respondent are to be listed in order of their status in the first-instance, second-instance, and retrial, such as"The plaintiff of the first instance and the appellee of the second instance";In cases where an application for retrial is not accepted, only the person applying for retrial is listed. b)."Applicants for retrial"Respondent"followed in parentheses"The plaintiff of the first instance, the defendant of the counterclaim (or the defendant of the first instance or the plaintiff of the counterclaim), the appellant of the second instance (or the appellee of the second instance), and the person who originally applied for retrial (or the original respondent)."Specify the litigation status of the parties in the first-instance, second-instance trial, and retrial; Where a civil application for retrial has undergone two or more retrials, the retrial litigation status in parentheses is to be listed in accordance with the parties' place of litigation in the last retrial; Where the retrial procedures are initiated by the people's procuratorate in a prosecutorial counter-appeal or by the people's court ex officio, the retrial litigation status in parentheses is to be followed"The original complainant (or the original respondent)."Specified; Where persons not involved in the case apply for retrial, it is to be listed in parentheses"Outsiders"。3) Where the names of the parties are changed, the original names are indicated in parentheses after the names.
4) Where the parties are natural persons, list their name, gender, ethnicity, date of birth, occupation, and address; Where the occupation of a natural person is not clear, it may not be expressed; Where the parties are legal persons or other organizations of the world, the name, address, and name and position of the legally-designated representative or principle responsible person are to be listed. 5) If the party concerned is a natural person, the address is written as:"Live (specific address)."Where the address indicated in the application for retrial is inconsistent with the address indicated on the effective judgment or ID card, the address is written as:"Residence (the address indicated on the ID card), current residence (the address indicated on the application for retrial)."If the parties are legal persons or other organizations, the domicile is written as:"Place of residence: (the domicile indicated on the business license)."
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1. The following procedures must be completed to entrust a lawyer to handle the case:
1) The law firm and the client sign the "Entrustment Agreement" in duplicate, one copy to the client, and the other copy is filed by the law firm;
2) The client shall sign the Power of Attorney in triplicate, one copy shall be submitted to the case-handling organ, one copy shall be filed by the undertaking lawyer, and one copy shall be handed over to the client for safekeeping.
3) Issue a letter of introduction from a law firm, and the lawyer shall submit it to the case-handling organ.
For parties that need to provide legal aid, law firms may appoint a lawyer to take on the case, but must go through retention formalities in accordance with provisions.
After the law firm accepts the entrustment, it shall register the acceptance of the case, and establish a file after numbering.
After a lawyer accepts a representation, he or she must not refuse to defend or defend without a legitimate reason. However, where the matter of the client is illegal, the client uses the services provided by the lawyer to engage in illegal activities, or the client conceals the facts, or the client makes other unreasonable demands, causing the lawyer to perform his duties normally without the law, the lawyer has the right to refuse to defend or **.
Where a lawyer terminates the client relationship for the above reasons, it should be agreed upon by the director of the law firm or the responsible person authorized by the director, and this should be recorded in the case file.
In the above, we have sorted out in detail the question of who the criminal procedure law refers to as a close relative entrustment. We can see that the close relatives in the Criminal Procedure Law mainly include siblings, husband and wife, parents and children, and these relationships belong to close relatives. Everyone must know that when investigating and handling criminal cases, there are clear provisions in China's laws and regulations on some matters concerning close relatives.
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Legal Analysis: Client, Legal Representative, Trustee: Employees of the Company.
I am hereby entrusted as the **person in the case of our company and the dispute, and the authority is as follows: to file a lawsuit; attend court hearings; apply for pre-litigation and or litigation property preservation and/or evidence preservation; drafting, signing and submitting legal documents; admitting, modifying, or waiving a claim for arbitration or action; conducting mediation, out-of-court or pre-trial settlements; filing an appeal; application for enforcement; Accept service of legal documents; Designate a bank account to receive execution or settlement payments and/or court refunds, etc.
Legal basis: Civil Code of the People's Republic of China
Article 919:An entrustment contract is a contract in which the client and the trustee agree that the trustee will handle the client's affairs.
Article 922: The trustee shall handle the entrusted affairs in accordance with the instructions of the client. Where it is necessary to change the client's instructions, the client's consent shall be obtained; If it is difficult to get in touch with the client due to the urgency of the situation, the trustee shall properly handle the entrusted affairs, but shall promptly report the situation to the client afterwards.
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If the summons is served by mail, then you do not receive it, and the law also considers it to have been received, and if you do not go, the court will hear it in absentia.
Hello. It should be filed, but the court will mediate, and if it fails, it can only be sued separately! This is in order to protect the litigation rights and interests of the parties, China implements the second-instance final trial system, if the second-instance judgment is made, then there is no "second-instance trial", if it is raised in the first instance, those who are dissatisfied will be appealed, and the second-instance trial will not be able to appeal, that is, the final trial!