Model essay on litigation defense 1:
Respondent: Zhao XX, male, Bai nationality,1born in February 1980, born in Jianchuan County, Dali Prefecture, Yunnan Province, and living in XX Village, Dali Prefecture, Yunnan Province. Id number 53293XXXXXXXX, contact telephone number xxxxxxxx.
Respondent: Li XX, male, Bai nationality, aged 49, lives at No.34, XX Village, Dali Prefecture, Yunnan Province, and is the father of the deceased Li XX.
Respondent: Liu XX, male, 36 years old, farmer, Bai nationality, living at No.27, XX Village, Dali Prefecture, Yunnan Province.
The respondent Li XX v. personal injury compensation dispute, and the respondent replied as follows:
Requested items:
1, requesting to dismiss all the plaintiff's claims;
2. The litigation costs in this case shall be borne by the plaintiff.
Facts and reasons:
1. Defendant Zhao XX should not bear any legal responsibility for Li XX's death, and the 6,000.00 yuan paid was compensation, not compensation.
1, respondent Li XX? On the day of the crime, the respondent invited the deceased to eat in the street? There is no legal basis for asking the respondent to bear the liability for compensation. There is no direct causal relationship between the respondent's invitation to the deceased to eat in the street and Li XX's death, and eating does not necessarily lead to Li XX's death.
On the evening of April 5, 2.20XX, Li XX fell while driving a motorcycle and died after being rescued. The cause of his death is entirely due to his drunk driving of a motorcycle, and the speed is too fast, so there is no legal causal relationship with the investigated person.
3. In this case, the agreement reached by the original three defendants on Li XX's death belongs to the compensation agreement, not the compensation agreement.
20xx 20XX On the evening of April 5, after Li XX fell and was injured while driving a motorcycle, Zhao XX and Liu XX took the initiative to call their families from the perspective of friends and actively participated in a series of rescue work for Li XX by town health centers, county hospitals and state hospitals. After the death of Li XX, Zhao XX and Liu XX signed a contract with the respondent Li XX on April 8, 20XX under the auspices of the staff of Xin 'an Village Committee. Agreement? .
According to article 1 of the agreement: Zhao XX and Liu XX voluntarily compensate Li XX's family of twelve thousand yuan (12000.00 yuan) in one lump sum, each with a burden of six thousand yuan? The agreement clearly States that 12000.00 yuan is? Make up? Payment is compensation, not compensation. Explain that when signing this agreement, all parties agreed that it was a compensation agreement, not a compensation agreement.
2. The defendant Li XX sued the matter to the people's court again regardless of the legally effective and fulfilled agreement, which is a perfidious act.
According to Article 2 of the agreement signed by the three parties on April 8, 20XX: Li XX's family has no objection. After paying off the compensation, the three parties concerned live in harmony and take care of each other. After the signing of the three parties, the three parties shall not pester the matter under any pretext? ; According to this agreement, after Zhao XX and Liu XX make one-time compensation, the three parties shall not pester the matter under any excuse. Zhao XX and Liu XX have fulfilled their compensation obligations as agreed, which means that the tripartite civil rights and obligations relationship arising from Li XX's death has been terminated.
3. Compensation signed by the original defendant? Agreement? The original legal relationship has become a contractual relationship.
The compensation agreement reached by the three parties of the original defendant on April 8, 20XX shows that the intention of both parties is true, the content is legal and the amount of compensation is reasonable, which conforms to the constitutive requirements of civil legal acts and has legal effect, and should be considered as legal and effective.
According to Article 8 of People's Republic of China (PRC) Contract Law, a legally established contract is legally binding on the parties. The parties shall perform their obligations as agreed, and shall not alter or terminate the contract without authorization. Contracts established according to law are protected by law. ? In this case, the three parties voluntarily reached a compensation agreement, which has been actually implemented. This compensation agreement does not violate the mandatory provisions of China laws and administrative regulations and is binding on both parties. The parties shall perform their respective responsibilities in accordance with the compensation agreement.
The three parties reached an agreement on compensation for Zhao Jincheng's death by themselves, which should be regarded as that the three parties excluded the application of tort liability stipulated by law by agreement, and reached an agreement through voluntary negotiation, which turned the original legal relationship of compensation into a contractual relationship. Therefore, the one-time compensation agreement signed by the three parties in this case conforms to the constitutive requirements of civil legal acts and has legal effect. The contractual debts formed by the three parties based on the contractual relationship are not tort debts and should be adjusted by the contract law.
Four. The parties Zhao XX and Liu XX have fully and thoroughly fulfilled the agreement, which means that the rights and obligations of the original three defendants arising from Li XX's death have been terminated.
After the agreement is signed, if the debtor fails to perform his obligations, he will be liable for breach of contract. The debtor fulfilled the compensation agreement, and the creditor-debtor relationship of the contract was eliminated. The compensation agreement signed by the three parties in this case is binding on the original defendant. Since the defendant has paid the corresponding compensation as agreed, he does not need to bear any responsibility.
To sum up, the Respondent believes that the Respondent has no fault and responsibility for the death of Li XX, and should not bear any legal responsibility for the death of Li XX;
After Li XX's death, the respondent reached a compensation agreement with the other two parties on the issue of compensation for Li XX's death from a humanitarian point of view and considering the relationship between friends. The agreement is true in meaning, legal in content, reasonable in compensation amount, in line with the constitutive requirements of civil legal acts, and has legal effect, which should be considered as legal and valid;
The respondent has fully and thoroughly fulfilled the compensation obligations agreed in the agreement, and the civil rights and obligations of the three parties arising from Li XX's death have been terminated. However, after the respondent reached a compensation agreement and fulfilled it, he broke his word and sued the court treacherously. His claim violates the principle of good faith in China's civil law and the provisions of Article 8 of China's contract law, and has no legal basis. The prosecution is obviously an abuse of the right to appeal and requests the people's court to dismiss it according to law.
This demonstration
XX county people's court
Respondent: Zhao XX
XX，XX，XX，XX
Model essay on litigation defense 2:
Respondent: Health Bureau of Pingnan County, XX Province.
Legal Representative: Zhang Chuanyang
On June 3rd, 20XX, the respondent received a copy of the administrative appeal served by the people's court. The appellant Zhang Changjian (Jian) refused to accept the administrative judgment No.03 of the People's Court of pingnan county, Fujian Province (May 20th 15). After reading it, he thought that the appellant's appeal was unreasonable, and his legal defense was as follows:
? The court of first instance found that the specific administrative act made by the respondent was legal and valid.
? The appellant claimed that the appellant's staff did not produce legal and valid documents when examining the appellant. In fact, two of our nine law enforcement officers showed their law enforcement certificates to the appellant, which met the provisions of the Administrative Punishment Law of the People's Republic of China and were recorded in the interrogation record. As for the inconsistency of law enforcement certificates, it is because the number of the old and new certificates has changed during the process of law enforcement officers replacing new certificates according to the requirements of their superiors, and the dress code is stipulated by health supervision.
? The appellant claimed that the appellee did not send the notice of hearing to the appellant and did not inform the appellant of his rights, which violated legal procedures. The respondent sent the Notice of Administrative Punishment Hearing to the Appellant on September 22, 20XX, and held a hearing on September 30, 20XX, which fully endowed the Appellant with the right of hearing and completed the hearing procedure.
? The appellant claims that it is wrong for the appellee not to submit the Notice of Administrative Punishment in advance, the Notice of Administrative Punishment Hearing and the Receipt of Service within the statutory time limit, and the appellee has submitted all the substantive evidence, procedural evidence and legal basis to the people's court of first instance within the statutory time limit of 10 (see the evidence list for details).
? The appellant put forward the original judgment and found that:
It is wrong for the appellant to carry out medical treatment activities abroad without obtaining the practice license and qualification of medical institution. The respondent believes that the Appellant's Practice License for Medical Institutions expired on June 5438+0996 1 12 10/2, and after the Law on Medical Practitioners in People's Republic of China (PRC) came into effect, the Appellant did not have the Law on Medical Practitioners in People's Republic of China (PRC).
? The respondent believed that the court of first instance applied the law correctly.
After the Law of People's Republic of China (PRC) on Medical Practitioners came into effect, the appellant failed to obtain the qualification of medical practitioner. According to Article 11 of the Measures of Fujian Province for Implementing the Regulations on the Administration of Medical Institutions, the appellant failed to obtain the Practice Certificate of Medical Institutions. The appellant has been engaged in medical activities without obtaining the Practice License of Medical Institutions and the qualification of medical practitioners, and his behavior violates the Regulations on the Administration of Medical Institutions. The respondent was performing official duties according to law, and the appellant's illegal medical practice was banned in accordance with legal procedures. It is legal to give the appellant administrative punishment, which is also the need to protect people's health and life safety.
To sum up, the appellant's above reasons are untenable, and the applicable law of the first-instance judgment is correct. Request the second instance to uphold the original judgment.
I am here to convey
XX intermediate people's court
Defendant: Pingnan County Health Bureau.
20XX June 9th