1. If the infringement of the store is a fact, you should take the initiative to settle with the other party. If the other party drops the lawsuit, it's gone. If negotiation fails, we can only obey the judgment of the people's court.
2. If the prosecution of the other party is inconsistent with the facts, the store can actively put forward its own defense opinions and provide evidence in favor of the store to the people's court. With evidence favorable to the store, the people's court will make a judgment according to law.
According to the Civil Procedure Law of People's Republic of China (PRC):
Article 125 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 receiving the indictment. 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.
Extended data:
Definition of tort:
(a) the object of infringement is the rights and interests recognized and protected by law.
Whether it belongs to the rights recognized and protected by law can be divided into three situations: one is that the object of infringement belongs to the rights absolutely protected by law. This kind of rights and interests has the nature of the world, that is, everyone in the world has the obligation of non-infringement, and its obligor is not specific.
Whoever infringes on such rights and interests is an infringement. For example, in general, the personal rights and property rights of civil subjects belong to the rights and interests absolutely protected by law, allowing the actor to harm the object. The law does not prohibit, condemn or even encourage such injuries.
Only when the actor violates these conditions will the law protect him. For example, doctors should not only remove patients from patients, but also remove some good organs or bodies of patients for the benefit of patients. This is necessary to save the patient's life. Of course, this kind of behavior is not infringement.
If this situation is exceeded or these conditions are not met, other organs or organisms that should not be removed from the patient's body will be removed, which is an infringement of the legitimate rights and interests protected by law and should be recognized as infringement. For example, in order to treat appendicitis, a hospital was heated by the media, and the patient's uterus was actually removed.
(2) Identification of the subject of infringement
The determination of tort should distinguish tort from the specific commitment of tort liability. According to the traditional theory of civil law, because a person without capacity has no capacity, there is no infringement problem in his behavior. This view is debatable. Tort and tort liability are two different issues.
Article 133 of China's General Principles of Civil Law stipulates: "If a person without or with limited capacity for civil conduct causes damage to others, the guardian shall bear civil liability.
China and the Supreme People's Court's "Opinions on Implementing the General Principles of the Civil Law of People's Republic of China (PRC) (Trial)" made it more clear.
Article 22 stipulates that "a guardian may entrust part or all of his guardianship duties to others, and if he needs to bear civil liability for the infringement of the ward, he shall bear it." Here, the Supreme People's Court clearly defines the ward's "behavior that causes damage to others" as tort. Among them, the ward naturally includes people with no capacity for conduct.
Accordingly, it is completely reasonable to think that a person without capacity for civil conduct can become the subject of infringement, and his behavior can constitute infringement, which is not necessarily related to whether he bears civil liability specifically.
(3) Determine the "behavior" of infringement.
The traditional theory of civil law links the tort with the actor's ability to recognize and judge the consequences of his behavior. A person without capacity is considered to have no capacity for tort because he can't identify and judge the consequences of his actions. This paper holds that there is no need to impose too many subjective factors on the determination of infringement.
Life practice has proved that there are two kinds of infringement: one is subjective no-fault infringement, including the infringement of incompetent people and the infringement of "doing bad things with good intentions"; The other is fault infringement, that is, intentional or negligent infringement. There is no difference in nature between the consequences of these two kinds of infringement on the victims. Infringement is a factual act.
Baidu Encyclopedia-General Principles of China People and State Law
People's Network-How to avoid the "pit" of infringement?