Interviewee:
_ _ _ _ _ sued my unit_ _ _ _ _ _, the defense is as follows:
______________________________________ ____________________________________
Zhezhi
_ _ _ _People's Court
Respondent: _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _
Attachment: _ _ _ _ copy of the statement of defense.
_ _ _other supporting documents.
Filling Instructions
1. The defense grounds are the main part of the defense and usually include the following: defense of the facts of the case; it is applicable to
defend the law.
2. Raise a defense request, that is, whether the request in the plaintiff's complaint or appeal is to be rejected completely or partially.
Put forward your own ideas regarding the handling of this case in accordance with the law and request the court to consider it.
Defendant’s defense sample
Respondent: Wu Moumou
Chang Moumou sued the respondent for property damage compensation dispute, the defense is as follows:
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First of all, the plaintiff in this case is not qualified.
The plaintiff in this case should be signed by Party A’s representative office on the National Freight Agreement No. xxxxx, which has nothing to do with Chang. Therefore, Chang, as the plaintiff in this case, cannot make any demands against the respondent. Because the plaintiff in this case is not qualified, the court is requested to dismiss the lawsuit in accordance with the law.
2. The cause of claim in this case is "compensation for property losses", and liability for breach of contract does not apply. According to the relevant provisions of the Tort Liability Law on "Whoever is at fault shall bear responsibility", the respondent is not the infringer of property damage and should not bear liability.
In this accident, due to the fault of the first defendant Zhang Moumou, the respondent died in a car accident and the plaintiff's goods were damaged. In the road traffic accident determination letter of the Xiongguan Brigade of the Highway Branch of the Traffic Police Corps of the xx Provincial Public Security Department (Gan Bus Renzi [xxx2] No. 0009), it has been clearly determined that "the first defendant Zhang Moumou bears full responsibility for the accident, and Zhang Guangming ( The defender’s husband) shall not be held responsible for this accident.”
According to the provisions of Article 6 of the Tort Liability Law, "A person who infringes upon the civil rights and interests of others due to fault shall bear tort liability", as well as the liability confirmed in the above-mentioned traffic accident determination letter, it can be seen that, The defender has no fault liability and does not bear any fault liability.
At the same time, property damage does not fall within the scope of "no-fault liability in accordance with other provisions" listed in Article 7 of the Tort Liability Law, and no-fault liability should not be assumed.
So in this case, the defender should not bear any responsibility, let alone the so-called joint and several liability. Please review this clearly.
Thirdly, the defender also has objections to the jurisdiction of this case.
In this case, although the cause of the summons received by the defender was "compensation for property losses", the notice of proof received was "Explanation of Evidence for Contract Dispute Cases", and the "factual reasons" against the defender were included in the indictment. Some are actually "contract disputes." According to the relevant provisions of the "Civil Procedure Law of the People's Republic of China" on the jurisdiction of contract dispute cases, the xx Guancheng People's Court is not the court with jurisdiction over the contract dispute in this case.
To sum up, the plaintiff in this case is not qualified and the respondent has no tortious fault. Therefore, the defender should not bear any responsibility for the appeal of this case. Therefore, I implore the court to dismiss the plaintiff’s lawsuit in accordance with the law and clear the defendant’s name.
Zhezhi
Xx Official City People’s Court
Interviewee:
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