First, how to write the defense of the second instance of civil litigation to defend the facts written in the plaintiff's complaint? If the facts claimed by the plaintiff are true and beneficial to you, you might as well admit the existence of the facts; If the facts claimed by the plaintiff are incorrect, you deny them and then state the true facts; If all the facts claimed by the plaintiff cannot be established, they must be denied and proved by facts that conform to the objective truth. It should be noted here that the facts you stated must be proved by evidence. Otherwise, when you testify in court, there is no evidence to prove that what you said is true, and the judge will not support you. In other words, the facts stated in the plaintiff's complaint cannot be denied out of thin air. Second, the content of civil litigation defense consists of three parts: the first part, the defense reasons, the ending part and the appendix. The following contents should be written in the header: 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. How to conduct a civil lawsuit 1 The people's courts try civil cases in public, except those involving state secrets, personal privacy or otherwise provided by law. The parties concerned will be informed of the cases decided to be heard in court three days before the hearing. 2. The trial can be roughly divided into several stages, such as court investigation, court debate and appraisal, and sentencing. If you apply for withdrawal, you need to explain the reasons. If you don't apply or your application is rejected, the trial will continue. 3. In the court investigation stage, the presiding judge or judge will organize both parties to give evidence and cross-examine their respective requests and claims in order. Cross-examination means that the parties question, explain and refute the authenticity, relevance and legality of the evidence, as well as whether the evidence has probative force and its size. 4. In the court debate stage, the presiding judge or judge will organize both parties to express their opinions around the focus of the dispute and the facts and legal responsibilities of the whole case. 5. In the stage of deliberation and sentencing, the collegial panel or judge will summarize the trial, comment on the opinions expressed by both parties, show whether they support it or not, and explain the reasons. 6. If you are the plaintiff and are summoned by the court and refuse to appear in court without justifiable reasons, the court may dismiss the prosecution; If the defendant counterclaims, he may make a judgment by default. 7. As a party, you can make a settlement with the other party at any litigation stage before the verdict is pronounced, or you can request the people's court to preside over mediation. If the mediation is not agreed or no mediation agreement is reached, the people's court will continue to hear and make a judgment.
Legal objectivity:
Article 125 of the Civil Procedure Law of People's Republic of China (PRC), the people's court shall send a copy of the indictment to the defendant within five days from the date of filing the case, and the defendant shall submit a reply within fifteen days from the date of receipt. The defense shall specify the defendant's name, gender, age, nationality, occupation, work unit, residence and contact information; The name and domicile of the legal person or other organization and the name, position and contact information of the legal representative or principal responsible person. The people's court shall send a copy of the defense to the plaintiff within five days from the date of receiving the defense. If the defendant fails to submit the defense, it will not affect the trial of the people's court.