The copy of the defendant's defense must be stamped with the official seal: the copy will have legal effect only if it is stamped with the official seal.
The defense is a document that the defendant (person), counterclaim, appellee and respondent (respondent) reply and refute the contents of the complaint, counterclaim, appeal and retrial application (complaint) 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.
Purpose:
The purpose of writing a defense is to answer and refute the claims of the other party's complaint, thus reducing the defendant's responsibility. The writing purpose of defense is directly opposite to the writing purpose of indictment, counterclaim, appeal and retrial application (complaint). When writing, we should start from the following aspects. This is also one of the important research contents of applied writing.
Features:
Civil pleadings are put forward in two situations: first, after the plaintiff filed a lawsuit in the people's court of first instance, the defendant filed a pleadings 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.
Function:
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.
X-material defense
Respondents: name, gender, date of birth, nationality, education level, work unit, occupation and address. (If the respondent is a unit, the name of the unit, the name of the legal representative, position and address of the unit shall be stated. )
Respondents: name, gender, date of birth, nationality, education level, work unit, occupation and address. (If the respondent is a unit, the name of the unit, the name of the legal representative, position and address of the unit shall be stated. )
The defendant made the following reply on XXXX case (stating the cause of action, that is, the nature of the dispute):
Request: (state the purpose of defense)
Facts and reasons: (state the factual basis and legal basis of the defense, state the reasons why the defendant can't be established against the plaintiff, the appellant and the complainant, that is, the facts, laws and opinions on which the defendant filed the lawsuit, appeal and complaint)
I am here to convey
XXXX people's court
Respondent: (signature or seal)
XXXX，XXXX，XX，XX