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Title, write? Civil defense? Or? Reply? .
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Second, the text
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1. Party column: under the heading, directly list the basic information of the respondent.
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If the defendant (appellee) is a citizen, the name, sex, age, nationality, place of origin, occupation or position, unit or residence of the respondent shall be listed. If there is an agent, write another line of agent, and indicate whether it is a legal agent, a designated agent or an entrusted agent; Then indicate the name, gender, age, nationality, native place, occupation or position, unit or residence of the agent. If it is the legal representative, it should also explain the relationship with the respondent. If you entrust a lawyer to represent you, you only need to specify his name, work unit and position.
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2. Causes of litigation. Mainly explain the reasons why the plaintiff (or appellant) sued the case; When you receive a copy of the complaint (or a copy of the appeal), you can write it or not. The specific writing is as follows:? The defendant hereby pleads as follows: or write:? The respondent is at
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The copy of the complaint (or the copy of the appeal) filed by the plaintiff (or the appellant) in this case was retrieved from your hospital last month, and we hereby give the following reply:
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3? Reasons for reply
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This is the main part of defense, or the key part. Generally includes the following aspects:
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(1) Reply to the facts.
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To express opinions on whether the facts written in the plaintiff's complaint (or the appellant's appeal) 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. However, we must seek truth from facts and never distort or conceal the truth, otherwise it will not stand the verification of the people's court.
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To demonstrate the facts, it is necessary to cite negative evidence to prove that the facts stated in the plaintiff's complaint cannot be established, and the opposite evidence is required to be true and sufficient, and the facts stated in the plaintiff's complaint cannot be denied 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.
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(2) Respond to applicable laws.
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First, if the facts are different, it will certainly lead to changes in the applicable law, and the reasons for the argument can be very simple.
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Second, there is no discrepancy between the facts. If the plaintiff misunderstood the provisions of the substantive law and put forward illegal requirements, he can refute it according to reason.
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Third, procedurally, if the plaintiff sues (or the appellant appeals) against the civil law.
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If the provisions of the procedural law do not meet the conditions for the occurrence and conduct of litigation, the application of the procedural law can be refuted.
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Pay attention to the following questions when replying:
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(1) discusses the defense reasons and adopts the rebuttal method. If you don't admit the plaintiff's (or appellant's) claim, you must refute it. The writing method of rebuttal is generally divided into three steps: the first step is to seize the wrong facts and legal mistakes listed by the other party in the complaint and appeal as rebuttal arguments. The second step is to list objective and true facts and appropriate evidence as rebuttal arguments. The third step is to demonstrate with logical reasoning.
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Requirements for using rebuttal method: First, we should respect objective facts. This is the most basic requirement for writing a defense. It is not necessarily unreasonable for the defendant or the appellee to be in the position of defense. ? Litigation? Often this is right or wrong, or both sides are partly right and partly wrong, and right or wrong may cross each other in a case. So, what are the important principles to follow when writing a defense? Respect the facts? That is, according to the original appearance of the disputed facts, answer the litigation request put forward in the complaint truthfully, objectively and comprehensively. The so-called truth is to reflect the true face and essence of disputes; The so-called objectivity is objective evidence, that is, evidence, explaining why you hold it; The so-called comprehensiveness means that the main and secondary facts related to the focus of the dispute can be combined to demonstrate. If the other party's lawsuit is completely wrong, it must be refuted according to reason; If the other party's claim is there, it must be admitted; If both parties hold one-sided views on the litigation facts, they should try their best to answer truthfully; If it really belongs to the defendant and the appellee, it should not be picky in the defense. The second is to grasp the key. This is an important requirement for writing a defense. Since the purpose of defense is to answer and refute, it is necessary to explain the reasons according to the key issues that affect the success or failure of both sides. Some things are well-documented and well-founded, which makes the argument seem powerful. Don't avoid the important issues in your defense or answer irrelevant questions. The third is sharp and sharp. This is an important requirement in writing style and language of defense. In other words, we should go to the complaint or appeal in a targeted way? A flaw? Grasp the problem, refute the key points, and get to the point.
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(2) Clear defense opinions and use argumentation methods. Debate means that the defendant and the appellee put forward their opinions or opinions on the focus of litigation facts dispute from the front according to reliable facts and sufficient reasons. After discussing the reasons for defense, the respondent should concentrate on expounding his defense opinions. The steps of this kind of writing are: first, summarize the whole facts and extract the defense opinions; The second is to put forward legal basis, cite objective evidence and cite factual basis as argument; The third is to draw a conclusion after analysis and argumentation.
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Requirements for using argumentation methods: First, it should be targeted. Regarding the claims of indictment and appeal, we should clearly indicate which issues we agree with and which issues we oppose; The second is the parameter list. According to the actual needs, there are several issues that need to be clarified, and some concluding opinions on defense are put forward; Third, the language should be concise. Don't be vague and ambiguous.
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(3) In the specific production, we should pay attention to its pertinence, objectivity and cutting will. The so-called pertinence means that before writing the defense, we must carefully study the contents of the complaint or appeal, and grasp the key and substantive issues to reply; The so-called objectivity is to follow the principle of seeking truth from facts, and not to talk empty words or argue irrationally; The so-called willingness means that when discussing reasons or clarifying opinions, we should pay attention to putting facts and reasoning, and avoid being blunt and arbitrary.
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Step 4 ask for a defense
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After putting forward the factual and legal defenses, it leads to its own defense claims, that is, whether the plaintiff's complaint or the appellant's appeal is rejected in whole or in part, and puts forward its own claims on the handling of this case according to law, which should be considered when requesting the court to make a judgment.
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Three. Tail and appendix
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1. Send it to the organ and write two lines:? Bring a lawsuit to the people's court? .
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2. Write at the bottom right: Respondent (signature and seal), and indicate the year, month and day.
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3. The annex shall indicate:
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(1) One copy of this defense.
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(2) Material evidence or documentary evidence (name);
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(3) Witness (name) (address)
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Examples of civil complaints
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Civil defense system
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Respondent: Tang X X, male, 3 1 year old, employee of X X company, now living. No. x, lane x, X X street, XX district, XX city.
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Respondent: Yu XX, female, 30 years old, unemployed, and her current address is the same as above.
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The respondent's specific reply to the divorce case filed by the respondent is as follows:
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The respondent thinks that the reasons for divorce claimed by the respondent are pure fabrications and untrue words. The defendant could not grant the defendant's request for divorce. There are three reasons:
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1. The respondent claimed that the respondent did not do proper work, regardless of housework, and often gambled outside, which made the respondent's life difficult and even went back to his parents' house to ask for money to buy clothes. This is pure fabrication. In fact, the respondent's working system is three shifts, and after the night shift, the respondent has to be a contractor, so there is no gambling at all. The respondent put the money he earned at the respondent's disposal, and now the respondent has a savings of 3,000 yuan, so there is no such thing as buying clothes and going back to her family to ask for money.
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2. The respondent claimed that in the past three or four years, the respondent opened his mouth to scold the respondent, raised his hand to beat the respondent, often stayed out for the night, gambled outside, and was beaten by the respondent after a little inquiry, resulting in the respondent committing suicide twice, which was even more untrue after being rescued. The respondent has never beaten the respondent, and the respondent lives at home except for working at night. As for the defendant's suicide twice, it has nothing to do with the defendant, but creates conditions for his divorce.
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Third, it should be pointed out that the lifestyle of the respondents is not decent. Zeng Yu XXX
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Having sex with XXX in 2008, when the respondent found out, because the respondent and X.
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XX begged for repentance, and the respondent tried to keep things down. After the incident, the respondent has not shown repentance so far, but considering that the two daughters are younger, the respondent is willing to wait until the respondent repents. Therefore, the respondent requested the court to protect the legal marriage, educate the respondent's illegal behavior, reject his unreasonable demands and make a fair judgment.
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I am here to convey
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People's Court of X District, XX City
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Attached 1 this reply.
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Defendant: Tang XX
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XXXX year x month x day