Article 26 a lawyer acting as legal counsel shall provide opinions regarding legal issues to the person who has engaged him , draft and review legal documents , act as agent to participate in litigation , medication or arbitration activities , handle other legal matters authorized by the person who has engaged him , and protect the lawful rights and interests of the person who has engaged him 第二十六条律师担任法律顾问的，应当为聘请人就有关法律问题提供意见，草拟、审查法律文书，代理参加诉讼、调解或者仲裁活动，办理聘请人委托的其他法律事务，维护聘请人的合法权益。
Article 26 a lawyer acting as a legal counsel provides opinions regarding legal issues to the person who has engaged him , draft and review legal documents , act as an agent to participate in litigation , mediation or arbitration activities , handle other legal affairs authorized by the person who has engaged him , and protect the lawful rights and interests of the person who has engaged him 第二十六条律师担任法律顾问的，应当为聘请人就有关法律问题提供意见，草拟、审查法律文书，代理参加诉讼、调解或者仲裁活动，办理聘请人委托的其他法律事务，维护聘请人的合法权益。
Among the three reform plans , the second reform should be orientated : the procuratorate should be have the power of instituing the adjudicatory supervision procedure in respect to the civil cases involving public interests . but in respect to ordinary civil cases the procuratorate cannot have the power of instituing the adjudicatory supervision procedure and should not institute or participate in action 其中，关于检察院抗诉提起再审，应作如下定位：对涉及公共利益的民事案件，检察院应有发动再审的权力；对于一般民事案件，检察院不能发动再审，也不宜提起或参加诉讼。
Moreover , the lawyers of the law office often recommend local attorneys for the chinese clients participating in the law - suits or arbitration in the foreign countries and give assistance to the chinese parties in collecting , sorting and translating evidence and the preparing case abstracts in english as well as supporting , instructing the foreign lawyers in their work on behalf of the chinese parties 此外，本所律师能凭借与国外律师同行的良好协作关系，常为在境外参加诉讼、仲裁的中国当事人推荐当地的代理律师，并帮助当事人收集、整理、翻译证据文件，制备英文的案情摘要，代表中国当事人支持和指示外国律师的工作。
To act as legal advisors for chinese and foreign clients as entrusted to provide legal consulting service and draft related legal documents ; to act as an agent in handling disputes , sending lawyers letters ; and to act as an agent in participating in legal proceedings , arbitration or other affairs as entrusted by clients 根据中外客户的委托，以担任中外客户法律顾问的方式，为客户提供法律咨询、起草有关法律文件，代理处理争议，签发律师函，代理参加诉讼、仲裁或客户委托的其它事务。
On the procedure hand , i hold : the creditor brings a suit as plaintiff because he has the benefit of the suit ; the first debtor does not have to take part in the suit , if he does , the identity is determined subject to the concrete situation ; if the debtor brings a subrogation suit , the first debtor can not bring the suit based on the same debt ; the debt that the creditor subrogates should be a whole one ; the jurisdiction of subrogation is normal district jurisdiction , etc . following that , i bring out my own imagine about the foundation of subrogation rights of debtor system 在程序法方面，笔者认为：债权人基于诉的利益而作为原告提起代位权诉讼，主债务人无必要必须参加诉讼，如参加，也应根据案件的具体情况及当事人的不同权利主张，确定其诉讼地位；债权人提起代位权诉讼后，主债务人就该代位权行使范围内所享有的诉权自行消灭；债权人可代位行使的债权应以完整债权为限；代位权诉讼标的只限于债权人以自己名义对次债务人主张之权利；代位权诉讼之管辖实质上是一种一般地域管辖。
Article 26 a lawyer acting as legal counsel shall provide opinions regarding legal issues to the person who has engaged him , draft and review legal documents , act as agent to participate in litigation , mediation or arbitration activities , handle other legal matters authorized by the person who has engaged him , and protect the lawful rights and interests of the person who has engaged him 第二十六条律师担任法律顾问的，应当为聘请人就有关法律问题提供意见，草拟、审查法律文书，代理参加诉讼、调解或者仲裁活动，办理聘请人委托的其他法律事务，维护聘请人的合法权益。
Besides , regarding justice of the procedure as the ideal , the theory of the parties " burden of proof and adversary system as the foundation , and also by analyzing the nature and characteristics of the right to appraise , judicial appraisal and expert ' s conclusion , the author has pointed out that the status of experts in litigation should be parties " witness , on which the author has analyzed the expert ' s legal characteristics that an expert is a natural person with ability to appraise , entrusted with participation in litigation by the parties 同时，笔者以程序正义为理念，以当事人的证明责任和对抗制为理论基础，通过对鉴定权、司法鉴定和鉴定结论的性质及特征的分析，指出了鉴定人的诉讼地位应为当事人的证人，并在此基础上分析了鉴定人的法律特征为由当事人委托而参加诉讼的、具有鉴定能力的自然人。
Part iii : taking part in and services to the share - holder ' s derivative action this part discusses the stance of the corporation in the share - holder ' s derivative action and gives a brief exploration to the stance of and the limitation to the share - holders . the explaining paragraph introduces the requirement of mandating service to the parties in the share - holder ' s derivative action and recommends this requirement to be adopted in the rules when china considers to establish the share - holder ' s derivative action procedure 第三部分股东代位诉讼的参加诉讼及诉讼告知本部分笔者重点论述了公司在代位诉讼中的诉讼地位问题，其后，对其他股东参加诉讼的情形和对此的限制作了相对简略地论述；最后笔者介绍了代位诉讼中的强制诉讼告知程序，并建议在我国导入股东代位诉讼制度时，可引入此程序规定。
