1. The defense reason is the main part of the defense, which usually includes the following contents: defending the factual part of the civil defense; Respond to applicable laws.
2. Put forward a defense claim, that is, whether all or part of the claims in the plaintiff's complaint or the appellant's appeal are rejected, put forward your own claims on the handling of this case according to law, and ask the court to consider them when making a judgment.
Second, composition
Civil defense consists of three parts: head, body and tail.
(a), the first part
1. Title. Write "civil reply" in the middle.
2. The basic information of the person under investigation. Indicate the name, gender, date of birth, nationality, occupation, work unit, position and address of the respondent. If the respondent is a person without capacity for conduct, the name, gender, date of birth, nationality, occupation, work unit, position, address and relationship with the respondent shall be stated after the project; If the respondent is a legal person or other organization, it shall indicate its name and address, and the name and position of its legal representative (or principal responsible person). If the respondent entrusts a lawyer to represent the lawsuit, the name of the agent and the name of the law firm where the agent is located shall be stated after this item.
3. Reasons for reply. It is said that the defendant made a defense in the XXX case.
(2) Text
1. reasons for defense: the plaintiff's or appellant's claim and the facts and reasons on which it is based shall be refuted and defended. The appellee's defense mainly aims at the appellant's facts, reasons, evidence and claims from the substantive aspect, and denies all or part of the facts and evidence on which it is based, thus denying its reasons and claims. The defendant's defense in the first instance can also be defended from the procedural aspect, for example, the plaintiff is not a legitimate plaintiff, or the case prosecuted by the plaintiff does not fall under the jurisdiction of the Court of Appeal, or the plaintiff's prosecution does not meet the statutory conditions for prosecution, indicating that the plaintiff has no right to prosecute or prosecute illegally, thus denying the case. Whether the defendant in the first instance or the appellee in the second instance put forward the defense reasons, they should be realistic and have evidence.
2. Request for defense: A request for defense is a request made by the respondent to the people's court to protect the legitimate rights and interests of the respondent in accordance with relevant laws and regulations on the basis of clarifying the reasons for defense. The defense requests in the civil defense of first instance mainly include: ① requesting the people's court to dismiss the prosecution and not accepting it; (2) Request the people's court to reject all or part of the plaintiff's request; (3) Put forward new ideas and requirements, such as adding a third person; (4) counterclaim. If there are more than two claims in the civil defense, the claims shall be explained item by item. The defense request of an appeal shall support the original judgment or ruling and refute the appellant's request.
3. Evidence: The name, number, source or clue of the evidence shall be stated in the defense. If there is a witness, the name and address of the witness shall be stated.
(3) Tail
1. The name of the people's court.
2. Signature of the respondent. If the respondent is a legal person or other organization, it shall indicate the full name and affix the official seal of the unit.
3. It's time to reply.
4. The annex shall mainly explain the number of copies of the defense and relevant evidence.
Third, the format
Civil defense system
Respondents:
Name: _ _ _ _ _ _ Address: _ _ _ _ _ Tel: _ _ _ _ _ _ _
Legal Representative: Name: _ _ _ _ _ _ _ _ _ Title: _ _ _ _ _ _ _
Authorized Agent: Name: _ _ _ _ _ _ Gender: _ _ _ _ _ _ Age: _ _ _ _ _ _ _
Nationality: _ _ _ Title: _ _ _ Work unit: _ _ _ _ _ _
Address: _ _ _ _ _ _ _ Tel: _ _ _ _ _ _ _
The respondent sued the appellant and demanded _ _ _ _ _ _ _ _ _
Refusing to accept the judgment of the people's court of _ _ _ _ _ _ _
Reasons and basis for defense: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Zhezhi
_ _ _ _ People's Court
Respondent: _ _ _ _ _ _ (seal)
Legal Representative: _ _ _ _ _ _ (signature and seal)
_ _ _ _ _ _ _ _ _ _ _ _ _
Attachment: _ _ copies of the defense.
Note: The reasons and basis of defense should focus on the opinions on relevant issues in the appeal, and be based on relevant evidence and legal basis.
Fourth, model essay
Civil complaint
Lawyer Ma Peijie, a famous scholar expert lawyer in Dali.
Respondent: Zhao XX, male, Bai nationality,1born in February 1980, born in Jianchuan County, Dali Prefecture, Yunnan Province, and living in XX Village, Dali Prefecture, Yunnan Province. Id number 53293XXXXXXXX, contact telephone number xxxxxxxx.
Respondent: Li XX, male, Bai nationality, aged 49, lives at No.34, XX Village, Dali Prefecture, Yunnan Province, and is the father of the deceased Li XX.
Respondent: Liu XX, male, 36 years old, farmer, Bai nationality, living at No.27, XX Village, Dali Prefecture, Yunnan Province.
The respondent Li XX v. personal injury compensation dispute, and the respondent replied as follows:
Requested items:
1, requesting to dismiss all the plaintiff's claims;
2. The litigation costs in this case shall be borne by the plaintiff.
Facts and reasons:
1. Defendant Zhao XX should not bear any legal responsibility for Li XX's death, and the 6,000.00 yuan paid was compensation, not compensation.
1. Defendant Li XX asked the respondent to bear the liability for compensation on the grounds that "the respondent invited the deceased to eat in the street on the day of the crime", which has no legal basis. There is no direct causal relationship between the respondent's invitation to the deceased to eat in the street and Li XX's death, and eating does not necessarily lead to Li XX's death.
2.2065438+01On the evening of April 5, Li XX fell while driving a motorcycle and died after being rescued. The cause of his death is entirely due to his drunk driving of a motorcycle, and the speed is too fast, so there is no legal causal relationship with the investigated person.
3. In this case, the agreement reached by the original three defendants on Li XX's death belongs to the compensation agreement, not the compensation agreement.
On the evening of April 5, 20 1 1, after Li XX fell and was injured while driving a motorcycle, Zhao XX and Liu XX took the initiative to call their families from the perspective of friends and actively participated in a series of rescue work for Li XX by town health centers, county hospitals and state hospitals. After the death of Li XX, Zhao XX and Liu XX signed the Agreement with the respondent Li XX on April 8, 20 1 1 from the humanitarian point of view. According to Article 1 of the agreement: "Zhao XX and Liu XX voluntarily make up for Li XX's family of twelve thousand yuan (12000.00 yuan) at one time, and each person shall bear 6000.00 yuan", and the agreement clearly states that 12000.00 yuan is "compensation", that is, compensation, not compensation. Explain that when signing this agreement, all parties agreed that it was a compensation agreement, not a compensation agreement.
2. The defendant Li XX sued the matter to the people's court again regardless of the legally effective and fulfilled agreement, which is a perfidious act.
According to Article 2 of the agreement signed by the three parties on April 8, 20 1 1, "Li XX's family has no objection. After paying off the compensation, the three parties live in harmony and take care of each other. After the signing of the three parties, the three parties shall not entangle this matter with any excuse "; According to this agreement, after Zhao XX and Liu XX make one-time compensation, the three parties shall not pester the matter under any excuse. Zhao XX and Liu XX have fulfilled their compensation obligations as agreed, which means that the tripartite civil rights and obligations relationship arising from Li XX's death has been terminated.
Third, the compensation agreement signed by the three parties of the original defendant changed the original legal relationship into a contractual relationship.
The compensation agreement reached by the three parties of the original defendant on April 8, 20 1 1 year, the intention of both parties is true, the content is legal, the amount of compensation is reasonable, it conforms to the constitutive requirements of civil legal acts and has legal effect, so it should be considered as legal and effective.
According to Article 8 of People's Republic of China (PRC) Contract Law: "A legally established contract is legally binding on the parties. The parties shall perform their obligations as agreed, and shall not alter or terminate the contract without authorization. Contracts established according to law are protected by law. " In this case, the three parties voluntarily reached a compensation agreement, which has been actually implemented. This compensation agreement does not violate the mandatory provisions of China laws and administrative regulations and is binding on both parties. The parties shall perform their respective responsibilities in accordance with the compensation agreement. The three parties reached an agreement on compensation for Zhao Jincheng's death by themselves, which should be regarded as that the three parties excluded the application of tort liability stipulated by law by agreement, and reached an agreement through voluntary negotiation, which turned the original legal relationship of compensation into a contractual relationship. Therefore, the one-time compensation agreement signed by the three parties in this case conforms to the constitutive requirements of civil legal acts and has legal effect. The contractual debts formed by the three parties based on the contractual relationship are not tort debts and should be adjusted by the contract law.
Four. The parties Zhao XX and Liu XX have fully and thoroughly fulfilled the agreement, which means that the rights and obligations of the original three defendants arising from Li XX's death have been terminated.
After the agreement is signed, if the debtor fails to perform his obligations, he will be liable for breach of contract. The debtor fulfilled the compensation agreement, and the creditor-debtor relationship of the contract was eliminated. The compensation agreement signed by the three parties in this case is binding on the original defendant. Since the defendant has paid the corresponding compensation as agreed, he does not need to bear any responsibility.
To sum up, the Respondent believes that the Respondent has no fault and responsibility for the death of Li XX, and should not bear any legal responsibility for the death of Li XX; After Li XX's death, the respondent reached a compensation agreement with the other two parties on the issue of compensation for Li XX's death from a humanitarian point of view and considering the relationship between friends. The agreement is true in meaning, legal in content, reasonable in compensation amount, in line with the constitutive requirements of civil legal acts, and has legal effect, which should be considered as legal and valid; The respondent has fully and thoroughly fulfilled the compensation obligations agreed in the agreement, and the civil rights and obligations of the three parties arising from Li XX's death have been terminated. However, after the respondent reached a compensation agreement and fulfilled it, he broke his word and sued the court treacherously. His claim violates the principle of good faith in China's civil law and the provisions of Article 8 of China's contract law, and has no legal basis. The prosecution is obviously an abuse of the right to appeal and requests the people's court to dismiss it according to law.
This demonstration
XX county people's court
Respondent: Zhao XX
2011September 20th