The defense consists of three parts: the first part, the defense reasons, the last part and the appendix.
The following contents should be stated in the title:
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.
(8) explain the reasons for the reply. The defense of the first instance case and the defense of the appeal case are written in different ways. The explanation is as follows: the respondent of the first-instance case is the defendant, and the specific wording of the defense is: "Because of the case of ×× (cause of action), I hereby submit the defense as follows. The respondent of the appeal case is the appellee, and the specific content of the defense is: "Appellant ××× (name) refuses to accept the judgment (or ruling) of the people's court.
The defense reason is the main part of the defense, and there is no uniform provision on its writing. You must defend the facts and reasons put forward by the plaintiff in the complaint or the appeal request and reasons put forward by the appellant in the appeal. You can put forward the opposite facts, evidence and reasons to prove that your reasons and opinions are correct and your demands are reasonable.
The following contents shall be stated in the tail and appendix:
(1) submitted to the authorities. Written as "Hereby" and "XX People's Court".
(2) written in the lower right. The respondent ××× (signature or seal) and indicate the year, month and day.
③ Appendix. Indicate the names and quantities of exhibits and documentary evidence.
example
Civil defense system
Respondent (defendant): Zhang XX, male, 3 1 year old, a worker of XX Company, now living in XX City.
Section seven.
Defendant (plaintiff): Li XX, female, 30 years old, unemployed, and now lives in the same place.
The respondent's specific reply to the divorce case filed by the respondent is as follows:
The respondent thinks that the reasons for divorce claimed by the respondent are pure fabrications and untrue words. The defendant could not grant the defendant's request for divorce. There are three reasons:
1. The respondent claimed that the respondent did not do proper work, did not care about housework, and often gambled outside, which made the respondent's life difficult and even had to go back to her parents' house to ask for money to buy clothes. This is indeed a fabrication. In fact, the respondent's working system is three shifts, and after the night shift, the respondent is still working as a contractor, so there is no gambling at all. The respondent gave the money he earned to the respondent, and now the respondent has a deposit of 3,000 yuan. There is no such thing as buying clothes and going back to her house for money.
2. The respondent claimed that in recent three or four years, the respondent opened his mouth to scold the respondent and raised his hand to hit the respondent.
Often staying out for the night, gambling outside, being beaten by the respondent with a little inquiry, forcing the respondent to commit suicide twice, and being rescued from danger. It is even more unreal. The respondent has never beaten the respondent, and the respondent lives at home except for working at night. As for the defendant's suicide twice, it has nothing to do with the defendant, but creates conditions for his divorce.
Third, it should be pointed out that the lifestyle of the respondents is not decent. I had sex with XXX in XXX. After the respondent found out, because of the pleading and repentance of the respondent and XXX, the respondent managed to suppress the matter. After the incident, the respondent has not repented so far, but considering that the two daughters are young, the respondent is willing to wait for the respondent to repent and get back together. Therefore, the respondent requested the court to protect the legal marriage, educate the respondent's illegal behavior, reject his unreasonable demands and make a fair judgment.
Hereby!
XX District People's Court of XX City
Respondent: Zhang ××××
×××× Year×× Month× Day