Format:
Respondent:
Page 1
In ____________ sued my unit_ In the ________ case, the statement of defense was written as follows:
____________________________________ ____________________________________
Sincerely:
_____ People’s Court
Respondent: ______
______month_____day
Attachment: _____ copy of the defense.
Attachment: Copy of defense ____
____ copies of other supporting materials.
Page 2
Instructions for filling in:
1. Reasons for defense are the main part of the defense and generally include the following content: Defense on the facts of the case Reasons; reasons for defense regarding applicable law.
2. The defense claims, that is, one is not satisfied with the plaintiff’s prosecution or the appellant’s appeal request, or is dissatisfied with part of the request.
Put forward one’s own claims on the handling of this case in accordance with the law, and request the court to make a decision in the decision. be considered at the time.
Response:
Defense is a right granted by law to the defendant in the position of a party in the case. He can freely exercise his right to reply and can respond or remain silent. However, since the defense has an indisputable The significance of neglect - the defense is conducive to protecting the lawful and legitimate rights and interests of the defendant (party); it is conducive to the people's court making a judgment based on a comprehensive understanding of the merits of the case.
How to write the defendant's statement of defense:
1. Type 1
(1) The name of the document is "Reply".
(2) Basic situation of the respondent. If the respondent is a citizen, the name, gender, ID number, date of birth, ethnicity, occupation, address, and contact information shall be stated; if the respondent is a legal person or other organization, the full name, address, and contact number shall be stated , legal representative or principal responsible person, position.
(3) Cause of action. State the case in which the respondent filed a defense against the plaintiff, appellant, and retrial applicant.
2. Text
First, put forward a defense opinion on the factual content of the indictment or appeal, point out the inconsistencies with the facts, and deny them in whole or in part, and use the corresponding Evidence to support your claims. Secondly, respond to the claims and reasons in the indictment or appeal. Finally, summarize your own opinions.
3. Ending
(1) Write the name of the court.
(2) The respondent’s signature, if it is a legal person or other organization, it should be stamped. If a lawyer is entrusted to write a statement of defense, the name of the lawyer and the name of the law firm should be included.
(3) State the date on which the document was written.
(4) The appendix indicates the number of copies of the responses written.
Submitting a statement of defense:
1. In principle, the defendant must be required to submit a written statement of defense to the court within the time limit specified by law.
In principle, in accordance with the principle of reciprocity of litigation rights and obligations between the plaintiff and the defendant, the defendant must submit a written statement of defense within the time limit specified by law before trial, otherwise he will lose the right to reply in the future. The defendant shall be responsible for any adverse consequences caused thereby.
2. If the defendant is unable to write a written statement of defense due to illiteracy or other reasons, he will be assisted through lawyer services, including the lawyer assistance system.
3. The defendant’s defense of loss of rights does not exempt the plaintiff from the burden of proof for his claim and the defendant’s right to cross-examine.
4. Other situations that require special provisions.
Legal basis:
"Civil Procedure Law of the People's Republic of China"
Article 78 The people's court shall combine the statements of the parties with Other evidence in the case shall be examined to determine whether it can be used as a basis for determining the facts.
If a party refuses to make a statement, it will not affect the people's court's determination of the facts of the case based on the evidence.
Article 79: The parties may apply to the People's Court for professional appraisal of the facts ascertained. If the parties apply for an appraisal, they shall negotiate to determine the appraiser; if the negotiation fails, the people's court shall appoint the appraiser.
Article 113, Paragraph 1: "The people's court shall send a copy of the indictment to the defendant within five days from the date of filing the case, and the defendant shall send a copy of the indictment to the defendant within fifteen days from the date of receipt of the indictment. File a statement of defense within a few days."
Paragraph 2: "If the defendant files a statement of defense, the People's Court shall send it to the plaintiff within five days from the date of receipt of a copy of the statement of defense. If the defendant does not file a statement of defense, it will not affect the trial of the People's Court."