(一)律师可否代理申诉案件?有些人给予否定回答。他们认为,律师代理申诉缺乏法律依据。其实,律师代理申诉与代理上诉一样,不应存在可否代理的争论。我国《刑事诉讼法》和新、老《民事诉讼法》都在总则中规定律师可以受当事人的委托担任诉讼代理人(辩护人),《行政诉讼法》也有这个规定,而这三大诉讼法都把申诉(审判监督程序)作为诉讼的一个阶段。律师既然可以担任整个诉讼代理人,那么,当然可以受托担任诉讼中某一阶段的代理,申 (1) Can lawyer represent the appeal case? Some people give negative answer. In their view, there is no legal basis for solicitors’ appeals. In fact, the lawyer’s complaint is the same as the agent’s appeal. There should be no debate on whether the agent can act as an agent. In our country, the “Code of Criminal Procedure” and the new and old “Code of Civil Procedure” all stipulate in the General Provisions that lawyers may be entrusted by litigants to act as legal representatives (defenders). This is also stipulated in the Code of Administrative Procedure, The complaint (trial supervision process) as a litigation stage. Since a lawyer can act as the entire litigation attorney, he can of course be entrusted with acting as a deputy at a certain stage in litigation