The defense can be submitted in advance or during the court session. The rights of the respondent are not affected by the submission of a statement of defense at the hearing. The People's Court shall send a copy of the defense to the plaintiff within five days from the date of receipt of the defense. If the defendant fails to submit a statement of defense, it will not affect the trial of the People's Court.
Writing of defense letter:
1. Title. Write "Civil Defense" in the center;
2. The basic situation of the person under investigation. Indicate the name, gender, date of birth, ethnicity, occupation, work unit and position, address, etc. of the person under investigation. If the respondent is an incapacitated person, the name, gender, date of birth, ethnicity, occupation, work unit, position, address and relationship with the respondent of the legal representative shall be stated after the item. If the respondent is a legal person or other organization, its name and address, the name and position of the legal representative (or principal person in charge) shall be indicated. If the respondent entrusts a lawyer to represent him in the litigation, the name of the agent and the name of the law firm where the agent works shall be stated after this item;
3. Reason for reply. Indicates that the defendant is defending the case.
To sum up, after receiving the plaintiff’s complaint and the appellant’s appeal, the people’s court shall serve a copy to the defendant or the appellee within the prescribed time limit. The defendant or the appellee shall file the complaint within the statutory time limit. File a defense within the time limit.
Legal basis:
Article 117 of the "Criminal Procedure Law of the People's Republic of China"
Litigants, defenders, agents ad litem and interested parties have objections to judicial organs and If its staff members commit any of the following acts, they have the right to lodge a complaint or complaint with a judicial authority:
(1) The compulsory measures are not lifted, lifted or changed upon expiration of the legal period;
( 2) The bail deposit that should be returned has not been returned;
(3) Seal, detain, and freeze property unrelated to the case;
(4) Seal, detain, and freeze Should be terminated;
(5) Embezzling, misappropriating, privately dividing, exchanging or using the seized, seized or frozen property in violation of regulations.