The defense is a document that the defendant (person), counterclaim, appellee and respondent (5) reply and refute the contents of the complaint, counterclaim, appeal and retrial application (5) according to the facts and laws within the statutory time limit, and it is one of the most frequently used languages in the complaint. The right of defense is a right given to the parties in the defendant position by law. They have the freedom to deal with the right of defense, and they can reply or be silent. However, because defense is of great significance-defense is conducive to protecting the legitimate rights and interests of the defendant (person); It is conducive to the people's court to judge right and wrong on the basis of a comprehensive understanding of the case and make a correct judgment. Therefore, we should pay enough attention to the right of reply and actively submit a reply in the form of a reply.
Second, the civil defense is put forward in two situations: first, after the plaintiff filed a lawsuit in the people's court of first instance, the defendant filed a defense on the indictment (indictment). Second, after the case was tried by the people's court of first instance, one party refused to accept it and appealed, and the appellee pleaded against the appeal. After receiving the plaintiff's complaint and appeal, the people's court shall serve a copy on the defendant or the appellee within the prescribed time limit, and the defendant or the appellee shall file a reply within the statutory time limit. Through defense, the defendant and the defendant can make a targeted defense against the facts, reasons, basis and requests of the plaintiff or appellant, clarify their reasons and demands, and present facts and evidence to prove their views. In this way, the people's court can fully understand the opinions and demands of the litigants and how to handle the case reasonably, legally and promptly.
Three, the first part should indicate the following contents:
1 title. The title indicates "criminal (or civil) defense" and "criminal (or civil) appeal defense". The former is the defense of the first-instance case, and the latter is the defense of the appeal case.
(2) the basic situation of the respondents. The party column directly lists the basic information of the respondent.
If the defendant is a citizen, the name, sex, age, nationality, native place, occupation and address of the respondent shall be listed. If there is an agent, write the agent next to the other line, and indicate whether it is the legal agent, the designated agent or the entrusted agent, and indicate the name, gender, age, nationality, place of origin, occupation and address. If it is a legal agent, it is also necessary to explain the relationship with the respondent. If an agent is entrusted, the name and position of the agent only need to be stated.
If the defendant is an enterprise, institution or organization (legal person), the full name and location of the respondent and its unit shall be listed first. Write the legal representative of the unit and his name and position on another line. On a new line, list the entrusted agent, his name and position.
The situation of the other party does not need to be listed separately. You can explain who the prosecutor and appellant are in the following defense reasons, and what is the cause of prosecution or appeal.