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我国民事诉讼委托代理制度经过多年演进发展,形成了自己的明显特征如充分考虑基层法律服务需求、维护诉讼秩序等,但有些规定造成了一些误解,如“可以”式非禁止性规范、基层法律服务工作者的代理区域范围、规范公民代理与公民诉权的行使的关系等须进一步澄清,也还存在一些不足如法律和司法解释的某些规定不甚清楚、法律和司法解释的某些规定有自相矛盾之处、没有规定律师强制代理制和本人强制出庭制等,这些均需要更进一步完善。
After years of evolvement and development, China’s civil litigation principal-agent system has formed its own obvious characteristics, such as fully considering the needs of grass-roots legal services and maintaining litigation order. However, some provisions cause some misunderstandings, such as non-prohibited norms, The scope of the proxy service for grassroots legal service workers and the relationship between the exercise of citizens’ right of proxy and citizenship rights should be further clarified. There are some shortcomings as some of the provisions of laws and judicial interpretations are not clear. Some of the legal and judicial interpretations There are inconsistencies between the provisions of the provisions, there is no mandatory compulsory lawyers and I compelled to appear in court, etc., which need to be further improved.