The most commonly used defense statement

Law is order, and only with good laws can there be good order. Below are the most commonly used sample defense papers (5 general articles) that I have compiled for everyone, for reference only! The most commonly used defense statement 1

Respondent (counterclaim defendant):

Domicile:

Legal representative:

Respondent (counterclaim plaintiff):

Legal representative:

Due to the respondent’s counterclaim over a lease contract dispute, the respondent filed the following defense:

1. The respondent’s request for the respondent to issue an invoice lacks factual and legal basis and should be rejected in accordance with the law

At the beginning of the signing of the Rental Agreement, the respondent had clearly informed the respondent It enjoys preferential tax policies and cannot provide tax invoices. It is under this circumstance that the "Rental Agreement" signed by both parties stipulates that "Party A will promptly issue a bill to Party B after receiving the rent from Party B." The meaning of the bill here should be a receipt document other than a tax invoice. In addition, according to the provisions of the "Invoice Management Measures" issued by the Ministry of Finance, purchasing invoices from the tax authorities is the obligation of entities and individuals that handle tax registration in accordance with the law. The respondent is a social group legal person, not a for-profit unit, and does not need to register for taxation in accordance with the law. Therefore, the respondent's request for the respondent to issue an invoice lacks legal basis.

2. The respondent’s request for the respondent to pay liquidated damages of RMB 160,000 also lacks factual and legal basis and should also be dismissed in accordance with the law.

As mentioned above, both parties have When signing the Rental Agreement, a specific agreement was made on whether to issue invoices. This agreement is the true expression of intention of both parties, does not violate relevant legal provisions, and should be deemed legal and valid. Therefore, the respondent's failure to issue an invoice to the respondent did not constitute a breach of contract.

Regarding the fact that the respondent alleged that the respondent did not provide him with normal heating, since the evidence provided by the respondent was insufficient to prove the existence of this fact, his claim for the respondent to pay liquidated damages cannot be established.

In summary, the respondent’s counterclaim lacks factual and legal basis and should be rejected in accordance with the law.

The petitioner:

The most commonly used response and defense on XX, March XX, 20XX 2

I accept Hunan XXXX (Group) Co., Ltd. in accordance with the law Entrusted by the agent, he acted as the litigation agent in this case and appeared in court to participate in the litigation activities. He now expresses the following representation opinions on the facts and law of this case:

In the contract dispute between the plaintiff Li X and the second defendant Chen XX, the case will be Our company filed a lawsuit in court and demanded the payment of remuneration and liquidated damages, which lacked factual and legal basis and could not be established according to law.

First, it violates the principle of relativity of the contract. On January 31, 2005, the plaintiff Li XX, and there are only two parties to this agreement, one of which is the plaintiff Li Therefore, the contract can only be effective for both parties and cannot bind any third party other than the parties to the contract. According to the principle of relativity of contract law, the plaintiff's request for our company to pay remuneration and liquidated damages has no legal and factual basis.

Second, is the intermediary contract established? An intermediary contract refers to a contract in which the intermediary reports to the client the opportunity to conclude a contract or provides intermediary services for the conclusion of the contract, and the principal pays the remuneration and reports the conclusion of the contract to the other party. The party who provides the opportunity or provides intermediary services to conclude a contract is the intermediary, and the party who accepts the contract opportunity provided by the other party and pays the remuneration is the principal.

On the surface, in this case, the plaintiff Li Xiang is the intermediary and the defendant Chen Shiqi is the client. However, the qualifications of the intermediary and who can engage in intermediary services can be said to be different, and the wise have different opinions. There is a big controversy in the civil law theory circle. Professor XX Min, a well-known civil and commercial law expert, believes that the principal in an intermediary contract can be any citizen or legal person, but the intermediary can only be a legal person or citizen engaged in intermediary business that has been registered and approved by the relevant state agency, because intermediary activity is an intermediary activity. , belongs to the category of commercial activities. Any commercial activity must be registered or approved by the relevant state agencies, even if it is a small clothing store. At present, the theoretical circles have basically reached consensus on this point of view. Therefore, it is worth considering whether the intermediary contract in this case is established.

In summary, it is clear from the above facts: the key to this case lies in who is the subject of the contract and whether the contract is established. Therefore, the plaintiff’s claim lacks factual and legal basis.

It is hoped that the above facts and agency opinions will be verified and determined by the People’s Court, and the plaintiff’s litigation claims will be dismissed in accordance with the law.

Litigation agent: XXX

The most commonly used defense statement on November 14, 20xx 3

Respondent:

ID number:

Contact number: < /p>

Respondent:

Identity card number:

Contact number:

Respondent filed a ____________ dispute with the respondent The defense of the case is as follows:

Request matters:

1. Request to reject all the plaintiff’s claims;

2. The litigation costs of this case shall be borne by the plaintiff.

Facts and reasons:

Respondent _________ should not bear any legal responsibility for _______’s ________. The respondent requested the respondent to bear liability for compensation on the grounds of "__________", which has no legal basis. There is no direct causal relationship between the respondent _________ and _______’s _____, and ______ will not necessarily lead to __________.

To sum up, the respondent believes that the respondent’s lawsuit lacks factual and legal basis, and requests the court to reject its claim in accordance with the law

Respondent: ___________

< p> ______Year_Month______The most commonly used 'Reply to Respondent Part 4'

Respondent:

Address:

Respondent Respondent:

Address:

I (the defendant) make the following reply regarding the plaintiff Wang Xiaoyan’s lawsuit against me for divorce:

Request matter: request the court to dismiss the plaintiff Litigation claim.

Facts and reasons:

I met and lived with the plaintiff on __________, month __________, year __________, and got married on __________, month __________, year __________ A boy was born and named __________, and the marriage was officially registered on __________, month __________, __________, and the plaintiff left without saying goodbye until __________, month __________, __________, and has not returned since. During this period, the relationship between the two of us has been very good, and the children are also very cute. I thought that a couple who love each other freely can stay together for a lifetime. Unexpectedly, the plaintiff suddenly filed for divorce from me after we had been together for __________ years, which was very difficult for me to accept.

First of all, the couple is harmonious and their relationship has not broken down. The plaintiff and I met while working in __________ in __________ year and month. We hit it off immediately and soon we lived together. During this period, our marriage was firmly opposed by my parents-in-law, but the plaintiff was determined and we loved each other. In order to make my parents-in-law change their view of me and accept me. My honesty and hard work were finally recognized by my parents-in-law.

The plaintiff was already a __________-year-old adult when he married me and had full capacity for civil conduct. If he was hasty when he lived with me at the beginning, then he would not have hastily agreed to marry me again after __________ years of living together and give her household registration. Moved to my home from my parents’ home. The plaintiff belongs to the __________ culture, and I belong to the __________ culture. I will only be stronger than the plaintiff in terms of thinking and cognitive abilities. I know that my family is poor, but I am very satisfied and cherished to have a loving wife and lovely son. I am also very caring and humble to the plaintiff in my daily life. During the __________ years that *** lived together, the plaintiff and I not only had no quarrels, but also no beatings, as all the neighbors can attest. We have no financial or emotional conflicts, so why should we insist on divorce based on impulse and regret for life. The plaintiff said that the relationship between my husband and I had deteriorated and our relationship had broken down. There is no factual basis for this. How can a couple who love each other just break up for no reason?

Secondly, when a couple divorces, the biggest victims are the children. This is a truth that everyone knows. The child __________ born out of wedlock between me and the plaintiff is almost __________ years old and is lively and cute. If we divorce, the child will be forced to face his stepfather or stepmother as he grows up, which is extremely detrimental to the child's mental health. For the healthy growth of our children, the plaintiff and I cannot divorce.

Finally, once the plaintiff and I divorce, our consciences will be permanently condemned and disturbed. When the child was over __________ years old and had a severe cold, the plaintiff abandoned her husband and child without saying goodbye. She failed to fulfill her obligations to the child. Now she simply filed for divorce and abandoned the child. This has caused a fatal psychological blow to the child. It is said that parents in the world are pitiful. At a young age when their children need maternal love the most, how can the plaintiff feel at ease when he leaves his own flesh and blood? Since the plaintiff left the child, I have been both a father and a mother. Especially during the first few months after the plaintiff left, the child missed his mother and cried all day long. In order to take care of the child, I was exhausted and exhausted all day long, unable to earn money to support the family. The child has been wronged, and I feel sorry for the child. I blame myself for not giving the child a complete home, but what can I do? As children grow up day by day, their spiritual dependence on their parents will also increase day by day. If parents cannot give their children the love they deserve, they will not be able to grow up healthily. For this reason, the plaintiff and I cannot divorce.

The real reason why the plaintiff wants to divorce me now is because he thinks I am poor. Poverty is temporary. Apart from poverty, I have no bad habits. I am not only hardworking and frugal, but also enthusiastic about my family. The plaintiff and I are both still young and our children are still young. With my hard-working hands, I am confident that the current poverty will become history in the near future, so that the plaintiff can live a happy life and this family of three become harmonious and warm. Moreover, marriage is based on feelings and is not related to wealth or poverty. Since we are destined to live thousands of miles apart, love each other, are married and have children, we should face temporary poverty together and work together to create a better future.

To sum up, I implore the court to persuade the plaintiff to be rational and emotional. For the sake of the children, be considerate of an honest, reliable and responsible husband, avoid divorce, and give the children a complete and warm life. 's home.

Respondent:_________________________

The most commonly used defense statement 5 on ______year_____month_____day

Unit name:

Address:

Contact number:

Name of legal representative:

Position:

Name of authorized agent:

Work unit:

Contact number:

Due to the ______ case, the defense is as follows: (basis and reason)

____________________________