Let me give you an example. It can be used after modification.
Civil complaint
A: Sun, male, born in 1953 65438+ 10/2, Han nationality, farmer, lives in Qianxiaozhu Village, Pinglidian Town, Laizhou City.
Authorized Agent: Dong, lawyer of Shandong Yitian Law Firm.
Due to the dispute over the land contract with the former Zhu Xiao Village Committee in Pinglidian Town, Laizhou City, the defense is as follows:
The plaintiff's claim has no contractual basis, which violates the national laws and the specific provisions of the State Council, the Ministry of Agriculture and the provincial * * * departments on stabilizing and improving the land contract relationship, and should be rejected.
Article 6, part 7 of the contract between the two parties stipulates: "... when the contract expires, the original contractual relationship remains unchanged and the contract is renewed." * * * The third part of the central government's decision on some major issues in agriculture and rural work clearly points out that "... we must unswervingly implement the policy of extending the land contract period for another 30 years ..." Article 2 of the Opinions on Stabilizing and Perfecting Land contract relationship (approved by the State Council) issued by the Ministry of Agriculture stipulates: "... the contract signed by the employer and the farmers will be renewed in batches after the expiration, and the land contract period will be extended for another 30 years. Article 3 of Shandong Province's "Several Provisions on Stabilizing and Perfecting the Rural Collective Land Management System" stipulates: "The production responsibility system based on household contract production must be stable for a long time. After the expiration of the original contract, it will be extended for another 30 years, and the contract period for developing agricultural production projects can be longer. "Yantai people's documents also have clear provisions on stabilizing contract relationship's land and extending the contract period.
To sum up, the respondent not only has no obligation to return the land contracted by the plaintiff, but also has the right to ask the plaintiff to extend the contract period for 30 years, which is the contractual right and legal right enjoyed by the respondent. Accordingly, the respondent filed a counterclaim against the plaintiff: requesting the people's court to order the plaintiff to perform the statutory and agreed obligations of renewing the contract with the respondent; Compensate the respondent for the economic loss caused by the prior execution of his application 10000 yuan, and request the people's court to try it together.
I am here to convey
Laizhou people's court
Respondent: Sun
July 3(rd), 2000
Question 2: The writing format of the defense. Buy a legal document and study it.
Question 3: how to write hello in the defendant's defense in the lawsuit?
Let me give you an example. It can be used after modification.
Civil complaint
A: Sun, male, born in 1953 65438+ 10/2, Han nationality, farmer, lives in Qianxiaozhu Village, Pinglidian Town, Laizhou City.
Authorized Agent: Dong, lawyer of Shandong Yitian Law Firm.
Due to the dispute over the land contract with the former Zhu Xiao Village Committee in Pinglidian Town, Laizhou City, the defense is as follows:
The plaintiff's claim has no contractual basis, which violates the national laws and the specific provisions of the State Council, the Ministry of Agriculture and the provincial * * * departments on stabilizing and improving the land contract relationship, and should be rejected.
Article 6, part 7 of the contract between the two parties stipulates: "... when the contract expires, the original contractual relationship remains unchanged and the contract is renewed." * * * The third part of the central government's decision on some major issues in agriculture and rural work clearly points out that "... we must unswervingly implement the policy of extending the land contract period for another 30 years ..." Article 2 of the Opinions on Stabilizing and Perfecting Land contract relationship (approved by the State Council) issued by the Ministry of Agriculture stipulates that: ... the contract signed by the employer and the farmers will be renewed in batches after the expiration, and the land contract period will be extended for another 30 years. Article 3 of Shandong Province's "Several Provisions on Stabilizing and Perfecting the Rural Collective Land Management System" stipulates: "The production responsibility system based on household contract production must be stable for a long time. After the expiration of the original contract, it will be extended for another 30 years, and the contract period for developing agricultural production projects can be longer. " Yantai Municipal People's Document also has clear provisions on stabilizing contract relationship's land and extending the contract period.
To sum up, the respondent not only has no obligation to return the land contracted by the plaintiff, but also has the right to ask the plaintiff to extend the contract period for 30 years, which is the contractual right and legal right enjoyed by the respondent. Accordingly, the respondent filed a counterclaim against the plaintiff: requesting the people's court to order the plaintiff to perform the statutory and agreed obligations of renewing the contract with the respondent; Compensate the respondent for the economic loss caused by the prior execution of his application 10000 yuan, and request the people's court to try it together.
I am here to convey
Laizhou people's court
Respondent: Sun
July 3(rd), 2000
Question 4: How to write the defense complaint? Civil defense system
First, the civil defense statement:
A civil defense is a written statement in which the civil defendant and the appellee state their facts and reasons against the plaintiff or appellant, and make a defense and rebuttal. According to the provisions of China's civil procedure law,
The people's court shall send a copy of the indictment to the defendant or the appellee within 5 days from the date of filing the case, and the defendant or the appellee shall submit a reply within 05 days from the date of receipt. It is a litigation right, not a litigation obligation, for the parties to raise a defense; However, if the defendant or the appellee fails to submit the defense within the time limit, it will not affect the trial of the people's court.
Civil defense consists of three parts: head, body and tail.
(1) Header
1. Title. It says "civil defense" 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 reply reason. 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 focuses on the appellant's facts, reasons and evidence from the substantive aspect.
And completely or partially deny 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 wrong.
When the plaintiff, or the case sued 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, it means that the plaintiff has no right to sue or sue for violation of the law, thus denying the case. Regardless of the defendants in the first instance, there are still two.
When hearing the reasons of the appellee's defense, we should seek truth from facts and have evidence.
2 defense request. The defense request is a request made by the respondent to the people's court to protect the legitimate rights and interests of the respondent on the basis of clear defense reasons and in accordance with relevant laws and regulations. Civil of first instance
The defense requests in the defense 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. In the defense, the name, quantity, source or clue of the evidence shall be stated. 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.
Second, the form of civil defense.
Civil defense system
Respondents:
In the case of _ _ _ _ _ v. our unit _ _ _ _, the defense is as follows:
____________________________________
____________________________________
Zhezhi
_ _ _ _ People's Court
Respondent: _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _
Attachment: _ _ _ copies of the defense.
_ _ _ other supporting documents.
Filling instructions
1. The defense reason is the main part of the defense, which usually includes the following contents: defending the facts of the case; 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. ...& gt& gt
Question 5: How to write the defense of both sides (1); Name, gender, date of birth, nationality, native place, occupation and address of the respondent and the respondent in turn. If the respondent has an agent ad litem or an entrusted agent, it shall also indicate its identity.
In the cause of action part, it explains why the defendant made a defense against the indictment or appeal. In the copy, you must specify who the two parties are and what the other party's cause of action is. The general expression is: "In the case of ..."
(2) Text: defense reasons and defense requests.
A reply or rebuttal to the plaintiff's claim; Including factual basis; Relevant evidence; Legal basis;
(3) End: service to the court, time of reply, name of the respondent and accompanying articles.
Question 6: How to write defense 1? Topic: writing about civil defense.
2. Party column: Under the heading, write the basic information of the respondent directly. Name, gender, age, nationality, native place, occupation or position, unit or address of the applicant.
3. In the cause of action part, it mainly explains why the case is against someone, and when the copy of the complaint is received, which may or may not be written.
Specifically, it is written as follows: "The respondent filed a lawsuit against X XX (cause of action) and now pleads as follows:" or it is written as follows: "The respondent received a copy of the complaint of XXX in your hospital on XX, XX, XX, and now pleads as follows:"
Arguments and arguments of defense this is the main part of defense, or the key part. Generally includes the following aspects:
1. Respond to the facts and express opinions on whether the facts written in the plaintiff's complaint conform to the actual situation. If all the facts cannot be established, they will all be denied; If some cannot be established, some will be rejected. Put forward facts that conform to objective truth to prove it. To demonstrate the facts, we should focus on the negative evidence that proves that the facts stated in the plaintiff's complaint cannot be established, and demand that the opposite evidence is true and sufficient, and we cannot deny the things stated in the plaintiff's complaint out of thin air. The negative evidence mentioned here is directly contradictory to the evidence presented by the plaintiff, and is sufficient to deny the facts stated by the plaintiff.
2. Answer and argue the applicable law. First, if the facts are different, it will certainly cause changes in the applicable law, and the reasons for the argument can naturally be simple. This is called facts speak louder than words. Second, the facts did not come out, and the plaintiff misunderstood the provisions of the substantive law, so that he made an illegal request and could refute it according to reason. Thirdly, in terms of procedure, if the plaintiff violates the provisions of the Civil Procedure Law and does not have the conditions to cause the lawsuit to occur and proceed, he can refute the application of the Procedure Law.
3. make a defense claim. After putting forward factual and legal defenses, it leads to its own defense claim, that is, whether the request in the plaintiff's complaint is completely rejected or partially rejected.
Question 7: How to write the defense? There are formats and examples online.
It doesn't matter if you don't reply.
Refute again in court.
Question 8: How to write an excellent defense means that the defendant answers, defends or refutes the plaintiff's litigation reasons and basis. Writing and submitting a defense is a litigation right of the parties. However, some parties are afraid of losing the case and do not write a defense, thinking that "the court can't hear." In fact,
He gave up this litigation right. The trial of the Civil Procedure Law stipulates that "the defendant's failure to submit a reply will not affect the trial of the people's court". Due to different trial levels, the defense is divided into prosecution defense and appeal defense, and the format of defense is basically the same, which is roughly like this:
Write civil defense should pay attention to:
1. The "cause of action" of defense varies according to the nature of the case. If it is the defense of the complaint, it can generally be written like this, for example, "I plead because the plaintiff XXX sued for divorce from me." For the case of plaintiff XXX claiming alimony from me, it should be written like this, for example: "Because XXX (person) refused to accept XXX people's court for X years."
The judgment, appeal and defense of the divorce case of X are as follows ... "
2. The "opinions and reasons" of the defense is the most important part, and three points should be noted:
First, we should respect the facts. No matter the other party or yourself, who is right or wrong, who is partly right or partly wrong, we should write truthfully according to the true face of the facts.
Second, it should be targeted. Defend and refute the claims put forward in the indictment and the appeal, and don't let others point you in the east and say the west. Pay attention to grasping the main points and highlighting the key points.
Third, be specific. Don't use empty concepts instead of expounding specific facts, pay attention to providing evidence, and indicate what facts the evidence can prove, where it is now kept, the name and address of witnesses, the relationship between the work unit and the parties, etc.
3. Pay attention to the filing time of the reply. If it is a case of first instance, the defendant shall file a reply within 15 days after receiving the copy of the indictment served by the court; If it is a case of second instance, the other party shall appeal through 15 after receiving a copy of the appeal.
Submit a reply within days.
Question 9: How to write the plaintiff's defense? Didn't you get a lawyer? You can get a free copy without invitation.