Format for responding to defense
Defense is divided into three parts: head, body and tail.
(1) The first part
Written in the middle of the first half of the document? Civil Defense? . Under the title, write down the basic information about the person being investigated. The written matter is the same as the basic information of the complaining party. The cause of action should describe the nature of the dispute with the plaintiff (or appellant). The name of the document is one font size larger than the text.
(2) Text
The defense reason is the core part of the defense and is generally considered from the following aspects:
1. Answer the factual part.
Express an opinion on whether the facts written in the complaint (or appeal) are consistent with the actual situation. If all the facts cannot be established, deny them all; if some cannot be established, deny part of them and provide counter-evidence to prove objectively true facts to refute the plaintiff or appellant.
2. Respond to applicable laws.
First, the facts are different, which will inevitably lead to errors in the application of law, and the argument can be simple; second, the facts have not been revealed, and the plaintiff misunderstood the provisions of substantive law and made illegal claims, which can be refuted according to law; third, in the procedure, If the plaintiff's lawsuit (or the appellant's appeal) violates the provisions of the Civil Procedure Law and does not meet the conditions for the occurrence and conduct of litigation, the applicable procedural law can be rebutted.
3. File a defense.
After putting forward the factual and legal defenses, introduce your own defense proposition, that is, whether to accept all or part of the claims, facts and reasons based on the indictment or appeal, and clearly state your own views on the case, Ask the court to dismiss the complaint or appeal.
(3) Tail
Write the delivery authority in two lines. hereby? , "XXXX People's Court?". The attachment indicates the number of copies of this defense; the number of physical or documentary evidence; the names and addresses of witnesses. Finally, sign the name of the defendant in the lower right corner of the document, indicating? Respondent ××× , and indicate the date.
Defendant’s defense sample: Civil defense sample
Respondent: name, gender, date of birth, ethnicity, education level, work unit, occupation, Address. (If the respondent is an organization, the name of the organization, the name of the legal representative, the position and the address of the organization should be stated.)
Respondent: name, gender, date of birth, ethnicity, education level, Work unit, occupation, and address. (If the respondent is an organization, the name of the unit, the name of the legal representative, and the address of the unit should be stated.)
The defendant made the following defense in the XXXX case (state the cause of action) , that is, the "nature" of the dispute):
Request: (state the purpose of defense)
Facts and reasons: (state the factual and legal basis for the defense, state the defendant's response to the plaintiff, appeal The reasons why the person and the complainant cannot be established, that is, the facts, laws and claims based on which the defendant files lawsuits, appeals and complaints)
I hereby convey
XXXX People's Court
Respondent: (signature or seal)
XXXX, XXXX, XX, XX
Attachment: X copies of this defense (the number is determined according to the number of respondents).
(Note: The format of the defense in private prosecution civil, administrative and criminal cases is basically the same.)