我国出现诉讼代理人的历史可追溯到奴隶制社会。当时还没有真正意义上的诉讼,由于严格等级制度的存在,贵族在发生争讼时自己不能直接参与,而是派遣自己的诉讼代理人进行,这些诉讼代理人不是专门的职业人员,而是贵族能言善辩的臣下。这些代理人是作为贵族的替身看待的,当时有哪一方辩论失败则处罚相应代理人的情形。进入封建社会直至近代,被称作“刀笔吏”和“讼师”的民间诉讼代理人或辩护人逐渐普遍,几乎成为一种固定的职业,但由于他们的代理行为存在的“挑词架讼”、扰乱司法管理秩序的情况,并危及封建王朝的统治权威,因此一直未被法律所认可。相反,历代都有一些“刀笔吏”和“讼师”被送官治罪甚至遭处死的事例。在法律上认可诉讼代理人是到元朝之后,明、清两代亦有因袭。元朝法律规定,官员以及年老疾患者的亲人、家属可在特定的家事诉讼中代理出庭诉讼。此立法的原意在于维护官民等级制度,但也有体恤弱者的一面,有一定的进步意义。 The history of litigation agents appearing in our country can be traced back to slavery society. At that time, there was no real lawsuit at all. Due to the strict hierarchy, aristocrats could not directly participate in the case of a dispute. Instead, they sent their own litigation agents who were not professional workers but aristocrats Eloquent minister. These agents were treated as aristocrats, and at that time, the debate on which side failed and the corresponding agent was punished. Into the feudal society until modern times, the civil lawsuit agents or defenders, who were called “bureaucrats” and “lawyers”, became more and more popular and almost became a regular job, but because of their agency behavior, Word suit "to disrupt the judicial order and endanger the dictatorship of the feudal dynasty, it has not been recognized by law. On the contrary, there have been instances in history where some officials and officials have been sent to extortion or even executed. Legally recognized litigation agents to the Yuan Dynasty, the Ming and Qing dynasties have also been followed. The Yuan Dynasty law stipulates that officials and relatives and family members of elderly patients with disabilities may represent themselves in court proceedings in specific family litigation. The original intention of this legislation is to maintain the hierarchy of officials and civilians. However, there is also a sense of compassion for the weak and has some progress.