Difference Between Special Authorization and General Authorization

The differences between special authorization and general authorization include: different definitions, different contents.

1. The definitions are different. Special authorization means that in addition to the litigation rights of general authorization, the person can also exercise substantive rights such as "admitting, waiving, changing litigation claims, making settlements, filing counterclaims or appeals" on behalf of the person; General authorization refers to the right of the person to sue on behalf of the client, respond to the lawsuit, present evidence, question witnesses, debate, apply for recusal, property preservation and other litigation acts, that is, procedural litigation acts, but has no right to dispose of the client's substantive rights.

2. The content is different. The content of special authorization** includes admitting part or all of the claims, abandoning, changing or adding claims, settling, counterclaiming, filing or applying for withdrawal of appeals; The content of the general authorization includes filing and responding to the lawsuit on behalf of the court, applying for litigation preservation or evidence preservation, applying for recusal, providing evidence to the court, appraisers and inquests, requesting re-appraisal investigation or inquest and requesting mediation, expressing opinions, applying for enforcement, and other matters that can be agreed upon by both parties.

Legal Analysis: General authorization refers to the fact that the person only has the procedural rights to appear in court, collect and provide evidence, debate, and draft legal documents such as pleadings. Special authorization** refers to the special authorization** in which the person in the special authorization not only enjoys the procedural rights of general authorization**, but also can exercise the litigation rights involving the interests of the parties on behalf of the parties such as settlement and appeal.

The authority to specifically authorize** includes the following: (1) admitting some or all of the claims on behalf of the claim; (2) abandoning, altering or adding litigation claims on behalf of others; (3) Reconciliation on behalf of others; (4) counterclaim on behalf of others; (5) Filing or applying for withdrawal of the appeal on behalf of the applicant. China's Criminal Procedure Law stipulates that criminal proceedings are divided into two categories:

The first is a public prosecution case initiated by the procuratorate in accordance with the law after examination, and the second is a private prosecution case filed directly by the victim with the court. The victim suffers material losses as a result of the defendant's criminal conduct, and has the right to file an attached civil lawsuit. China's Criminal Procedure Law also stipulates that the private prosecutor in a private prosecution case and his or her statutory person, and the parties to an attached civil lawsuit and their statutory person, have the right to entrust a litigant at any time.

China's Civil Procedure Law also stipulates that civil litigation is divided into general and special authorization, and the entrusted matters and authority should be specified in the power of attorney, and the special authorization content includes recognition, modification, and waiver of litigation claims, reconciliation, mediation, appeal or counterclaim.

Legal basis: Civil Procedure Law of the People's Republic of China Article 59: Where a third party finds that the parties have the right to make an independent claim, they have the right to initiate a lawsuit. Where a third party does not have the right to make an independent claim on the subject matter of the litigation between the parties, but has a legal interest in the outcome of the case, he may apply to participate in the litigation, or the people's court may notify him to participate in the litigation.

A third party who is judged by a people's court to bear civil liability has the procedural rights and obligations of the parties. Where the third parties provided for in the preceding two paragraphs do not participate in litigation for reasons not attributable to themselves, but there is evidence showing that part or all of the content of the legally effective judgment, ruling, or mediation document is wrong, harming their civil rights and interests, they may file a lawsuit with the people's court that made the judgment, ruling, or mediation document within six months from the date on which they knew or should have known that their civil rights and interests had been harmed. Where the people's court finds the litigation claim sustained after trial, it shall modify or revoke the original judgment, ruling, or mediation document; Where the litigation claim is not sustained, the litigation claim is rejected.

Derivative question: What is the scope of a special mandate? Special authorization** refers to the special authorization** in which the person in the special authorization not only enjoys the procedural rights of general authorization**, but also can exercise the litigation rights involving the interests of the parties on behalf of the parties such as settlement and appeal.

The special authorization** includes the following: (1) admitting some or all of the claims, (2) abandoning, modifying or adding claims on behalf of the claims, (3) settling on behalf of the claims, (4) acting on behalf of the counterclaim, and (5) filing or applying for withdrawal of the appeal on behalf of the applicant.

The authority of the entrusting person to accept the entrustment of the parties is different. If the parties clearly state in the power of attorney that the person has any one or more of the authority to admit, waive or change the claim, settle, file a counterclaim or appeal on behalf of the person in the litigation, the matters involving the substantive rights of the parties belong to the special ** in the litigation; If the parties only write "full power" and "special" in the power of attorney without specific authorization matters, the person can only exercise procedural rights, which is general. Generally, the first person cannot "admit, waive, change the litigation claim, settle the claim, file a counterclaim or appeal" and other matters on behalf of the parties in the litigation.

For example, if the people's court accepted the divorce lawsuit between Lin and Li, and Lin appointed a lawyer as his litigant, but only wrote "full power" on the power of attorney, and did not specify what specific rights were granted, the lawyer could not change the litigation claim, settlement, counterclaim and appeal on his behalf. Legal Tips:

Paragraph 2 of Article 59 of the Civil Procedure Law of the People's Republic of China, Paragraph 1 of 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.

Legal basis: Article 59 of the Civil Procedure Law of the People's Republic of China provides that when entrusting another person to litigate on behalf of the client, a power of attorney signed or sealed by the client must be submitted to the people's court. The power of attorney must specify the matters and authority of the entrustment.

The litigant must have the special authorization of the client to admit, waive or change the litigation claim, settle the claim, file a counterclaim or appeal on behalf of the client. A power of attorney sent or entrusted by a citizen of the People's Republic of China residing abroad must be certified by the embassy or consulate of the People's Republic of China in that country; If there is no embassy or consulate, the certificate shall be certified by the embassy or consulate of a third country that has diplomatic relations with the People's Republic of China in that country, and then transferred to the embassy or consulate of the People's Republic of China in the third country, or by the local patriotic overseas Chinese organization.