中华人民共和国民事诉讼法 8

第五十五条 诉讼标的是同一种类、当事人一方人数众多在起诉时人数尚未确定的，人民法院可以发出公告，说明案件情况和诉讼请求，通知权利人在一定期间向人民法院登记。

"Article 55 Where the object of action is of the same category and the persons comprising one of the parties is large but uncertain in number at the commencement of the action, the people's court may issue a public notice, stating the particulars and claims of the case and informing those entitled to participate in the action to register their rights with the people's court within a fixed¹ period of time."

 

向人民法院登记的权利人可以推选代表人进行诉讼；

Those who have registered their rights with the people's court may elect representatives from among themselves to proceed with the litigation; 

 

推选不出代表人的，人民法院可以与参加登记的权利人商定代表人。

"if the election fails its purpose, such representatives may be determined² by the people's court through consultation³ with those who have registered their rights with the court."

 

代表人的诉讼行为对其所代表的当事人发生效力，但代表人变更、放弃诉讼请求或者承认对方当事人的诉讼请求，进行和解，必须经被代表的当事人同意。

"The acts of such representative in the litigation shall be valid⁴ for the party they represent; however, modification⁵ or waiver of claims or admission of the claims of the other party or pursuing a compromise with the other party by the representatives shall be subject to the consent of the party they represent."

 

人民法院作出的判决、裁定，对参加登记的全体权利人发生效力。

The judgments⁷ or written orders rendered by the people's court shall be valid for all those who have registered their rights with the court. 

 

未参加登记的权利人在诉讼时效期间提起诉讼的，适用该判决、裁定。

Such judgments or written orders shall apply to those who have not registered their rights but have instituted legal proceedings⁹ during period of limitation of the action.

 

第五十六条 对当事人双方的诉讼标的，第三人认为有独立请求权的，有权提起诉讼。

"Article 56 If a third party considers that he has an independent claim to the object of action of both parties, he shall have the right to bring an action."

 

对当事人双方的诉讼标的，第三人虽然没有独立请求权，但案件处理结果同他有法律上的利害关系的，可以申请参加诉讼，或者由人民法院通知他参加诉讼。

"Where the outcome of the case will affect a third party's legal interest, such party, though having no independent claim to the object of action of both parties, may file a request to participate in the proceedings or the people's court shall notify the third party to participate. "

 

人民法院判决承担民事责任的第三人，有当事人的诉讼权利义务。

A third party that is to bear civil liability in accordance with the judgment⁸ of the people's court shall be entitled to the rights and obligations of a party in litigation.

 

第二节 诉讼代理人

Section 2 Agents ad Litem

 

第五十七条 无诉讼行为能力人由他的监护人作为法定代理人代为诉讼。

Article 57 Any person with no legal capacity to engage in litigation shall have his guardian¹⁰ or guardians¹¹ as statutory agents to act for him in a lawsuit¹². 

 

法定代理人之间互相推诿代理责任的，由人民法院指定其中一人代为诉讼。

"If the statutory agents try to shift responsibility as agents ad litem upon one another, the people's court shall appoint one of them to represent the person in litigation."

 

第五十八条 当事人、法定代理人可以委托一至二人作为诉讼代理人。

"Article 58 A party to an action, or statutory agent may appoint one or two persons to act as his agents ad litem."

 

律师、当事人的近亲属、有关的社会团体或者所在单位推荐的人、经人民法院许可的其他公民，都可以被委托为诉讼代理人。

"A lawyer, a near relative of the party, a person recommended by a relevant social organization or a unit to which the party belongs or any other citizen approved by the people's court may be appointed as the party's agent ad litem."

 

第五十九条 委托他人代为诉讼，必须向人民法院提交由委托人签名或者盖章的授权委托书。

"Article 59 When a person appoints 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."

 

授权委托书必须记明委托事项和权限。

The power of attorney must specify¹³ the matters entrusted¹⁴ and the powers conferred. 

 

诉讼代理人代为承认、放弃、变更诉讼请求，进行和解，提起反诉或者上诉，必须有委托人的特别授权。

"An agent ad litem must obtain special powers from his principal to admit, waive⁶ or modify claims, or to compromise or to file a counterclaim or an appeal."

 

侨居在国外的中华人民共和国公民从国外寄交或者托交的授权委托书，必须经中华人民共和国驻该国的使领馆证明；

A power of attorney mailed or delivered through others by a citizen of the People's Republic of China residing abroad must be certified¹⁵ by the Chinese embassy or consulate¹⁶ accredited¹⁷ to that country. 

 

没有使领馆的，由与中华人民共和国有外交关系的第三国驻该国的使领馆证明，再转由中华人民共和国驻该第三国使领馆证明，或者由当地的爱国华侨团体证明。

"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 country accredited to that country that has diplomatic relations with the People's Republic of China, and then transmitted for authentication¹⁸ to the embassy or consulate of the People's Republic of China accredited to that third country, or it must be certified by a local patriotic¹⁹ overseas Chinese organization."

 

第六十条 诉讼代理人的权限如果变更或者解除，当事人应当书面告知人民法院，并由人民法院通知对方当事人。

"Article 60 A party to an action shall inform the people's court in writing if he changes or revokes²⁰ the powers of an agent ad litem, and the court shall notify the other party of the change or revocation²¹."

 

第六十一条 代理诉讼的律师和其他诉讼代理人有权调查收集证据，可以查阅本案有关材料。

"Article 61 A lawyer who serves as an agent ad litem and other agents ad litem shall have the right to investigate and collect evidence, and may have access to materials pertaining²² to the case. "

 

查阅本案有关材料的范围和办法由最高人民法院规定。

The scope of and rules for consulting materials pertaining to the case shall be specified²³ by the Supreme²⁴ People's Court.

 

第六十二条 离婚案件有诉讼代理人的，本人除不能表达意志的以外，仍应出庭；

"Article 62 In a divorce case in which the parties to the action have been represented by their agents ad litem, the parties themselves shall still appear in court in person, unless they are incapable²⁵ of expressing their own will. "

 

确因特殊情况无法出庭的，必须向人民法院提交书面意见。

A party who is truly unable to appear in court due to a special reason shall submit his views in writing to the people's court.

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