How can the defendant respond without a lawyer? How does the defendant write a defense?
Introduction: Anyone who infringes upon the legitimate rights and interests of others in social interaction and causes personal and property losses to others can bring a lawsuit to the court. If the court accepts the lawsuit, it will serve the indictment on the defendant, and the defendant should actively respond to the lawsuit. Today, xiaobian of barrister network brings you the content of "defense". So, what is defense? The defendant didn't ask the lawyer how to respond. How to write the defendant's reply? Let's read it together.
what is a reply?
how can the defendant respond without a lawyer? How to write a defense for the defendant?
responding to a lawsuit means that the defendant participates in the lawsuit according to the notice of the people's court accepting the lawsuit. After accepting the lawsuit, the people's court will send a copy of the indictment to the defendant, and at the same time notify the defendant to respond, that is, participate in the lawsuit.
except that the defendant in a criminal case must participate in the litigation, if the defendant in other cases thinks that he is not a party to the case after receiving the notice of responding to the lawsuit, he may raise an objection to the people's court that issued the notice of responding to the lawsuit, but he shall not ignore the notice of responding to the lawsuit of the people's court. If the people's court still orders the defendant to respond to the lawsuit, the defendant must respond to the lawsuit.
without a lawyer, how can the defendant respond to the lawsuit?
without a lawyer, how can the defendant respond to the lawsuit? How does the defendant write a defense?
After the defendant gets the indictment, only by reading it carefully can he know who sued and why. What are the facts and reasons for the prosecution; What is the purpose of the other party's prosecution, that is, what is the claim. Only by understanding these situations can the defendant be aware of them and face them calmly. Therefore, the defendant should read the complaint and solve the following problems after reading it:
1. Understand the basic situation of the plaintiff
Understanding the basic situation of the plaintiff is the first thing the defendant should do after receiving the complaint. For example, know the identity of the plaintiff: whether the plaintiff is a legal person or a natural person; Whether the plaintiff is the subject of group litigation or individual litigation; Whether the plaintiff has hired a lawyer or other litigation agent to participate in the litigation, etc.
There are two advantages to this: first, to know the identity of the plaintiff, so as to know its relationship with the plaintiff and its attitude in litigation; The second is to know whether the plaintiff hires a lawyer and other litigation agents, so as to consider his own confrontation in the whole litigation process and decide whether to hire a lawyer. Generally speaking, the plaintiff hired a lawyer and the defendant should also hire a lawyer; If the plaintiff has not hired a lawyer, but has hired another agent ad litem, or if the plaintiff has not hired a lawyer, but has persuaded him, then the defendant can decide whether to hire a lawyer or other agent ad litem according to his usual situation with the plaintiff.
II. Knowing the object of prosecution
The so-called object of dispute refers to a kind of right-obligation relationship between the parties who have a dispute over the right-obligation relationship and request the people's court for adjudication or mediation. The subject matter of this dispute can be property, intellectual achievement or behavior. The defendant can know the prosecution situation and intention of the plaintiff from the disputed subject matter, and understand the crux of the contradiction between the plaintiff and the defendant, so as to make it easier for him to confront each other, respond in time and strive for the initiative in the lawsuit.
3. Understand the facts and reasons put forward by the plaintiff in the complaint
The facts and reasons put forward by the plaintiff in the complaint are the key to the whole lawsuit. There are two kinds of facts put forward by the plaintiff in the complaint: first, the legal facts of the occurrence, change or elimination of the disputed civil legal relationship; The second is the fact that the civil rights or legitimate interests of the parties are indeed infringed or disputed. The former kind of facts are used to determine the basis for the plaintiff to ask the court to protect the substantive rights, while the latter kind of facts are used to determine the reasons for the plaintiff to ask the court to protect the substantive rights. After knowing the above two kinds of facts, the defendant should also know what evidence the plaintiff has on these facts, what the form of these evidence is, and whether it is reliable.
4. Understand whether the reasons for the case put forward by the plaintiff in the complaint are sufficient, whether there is a legal basis, and whether it is appropriate to cite the law.
because if the facts put forward by the plaintiff are clear, the evidence is conclusive and the reasons are sufficient, then the litigation request put forward by the plaintiff is likely to be supported by the court, thus making the defendant lose the case. If the defendant wants to make the result of the lawsuit favorable to him, he should make a strong defense against the facts and reasons put forward by the plaintiff, and a strong defense is based on using the materials mastered by the plaintiff to understand all the work done by the plaintiff to make the lawsuit established. By doing so, the defendant can know himself and himself, and make overall plans and arrangements for his own interests in the litigation according to the facts and reasons put forward by the plaintiff, and then look for evidence according to the actual situation, put forward a defense that is beneficial to him, and form facts and reasons that can overturn the plaintiff's claim.
how to write a defense?
without a lawyer, how can the defendant respond to the lawsuit? How does the defendant write a defense?
the defense statement refers to the defense opinions put forward by the defendant against the indictment and defense statement in civil cases and administrative cases.
1. Title. Write civil defense and administrative defense.
2. Basic information of the parties. (1) If the civil defendant is a citizen, the name, gender, date of birth, nationality, place of origin, occupation or work unit, position, address and telephone number of the respondent shall be stated. (2) If the civil defendant is a legal person or other organization, the name, address, legal representative's name, job phone number, enterprise nature, industrial and commercial registration approval number, business scope and mode, bank and account number of the respondent shall be stated. (3) The defendant's administrative organ shall submit a defense stating the name, address, legal representative's name, position and telephone number of the respondent.
3. cause of action. Mainly write the defense of what dispute the plaintiff sued for. For example, in the case of XX (subject matter), the defense is as follows.
4. Content of the defense,
This is the key part of the defense. The purpose of defense is to refute the plaintiff's claim. Generally speaking, the defense is made from the following aspects:
1. Wrong according to facts. 2. Improper legal basis. 3. Based on the defense claim.
fifth, there is no tail. Signature and time of the respondent.
examples of pleadings:
civil pleadings
(citizens' pleadings to civil actions)
Respondents: XXX, male/female, born on XX, XX, XX, XX,