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 complaint 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 15 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 aims at the appellant's facts, reasons, evidence and claims from the substantive aspect, and denies all or part of 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 not a legitimate plaintiff, or the case prosecuted 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, indicating that the plaintiff has no right to prosecute or prosecute illegally, thus denying the case. Whether the defendant in the first instance or the appellee in the second instance put forward the defense reasons, they should be realistic 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. The defense requests in the civil defense of first instance 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:
Address:
Contact information:
Legal representative:
In view of the case of _ _ _ _ _ _ _ _ v. our unit _ _ _ _ _ _ _, we put forward the following defense opinions:
____________________________________ ____________________________________
To sum up, the defendant believes that the defendant's prosecution lacks factual and legal basis and requests the court to dismiss his claim according to law.
Zhezhi
_ _ _ _ People's Court
Respondent: _ _ _
_ _ _ _ _ _ _ _ _ _ _
Attachment: _ _ _ copies of the defense.
_ _ _ copies of evidence materials.
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; It applies to
Defend the law.
2. Make a defense request, that is, whether the request in the plaintiff's complaint or the appellant's appeal is totally or partially rejected? According to the handling of this case, I put forward my own ideas and asked the court to consider them.
Civil defense system
Respondent: male, Han nationality,/kloc-0, born in March, 1932, address: Zhang, Xiaguan District, Nanjing.
Respondent: Huang Jia, male, Han nationality, born in June, 194 1, address: Juegang Town, Rudong County, Nantong City.
Due to the case of the respondent v. the respondent's arrears dispute, we hereby put forward the following defense opinions:
1. There is no substantial relationship between the respondent and the respondent.
1. In the complaint and the evidence provided, the respondent did not elaborate on the basic legal facts of the IOU. An isolated IOU cannot establish a complete debt relationship without corresponding evidence to prove the basic facts.
The fact behind this iou is that in May, 20 1 1, the respondent found the respondent through an intermediary and asked for the promotion of her daughter Hui, a soldier, through the relationship of the respondent, and paid cash of 20,000 yuan through the intermediary Zhao Jianlian, asking the respondent to help clear the relationship. The defendant immediately deposited the money into the bank card after receiving it, intending to clear the relationship in the future. It can be seen that there is no debt relationship between the Respondent and the Respondent, and the Respondent only received a facilitation fee of 20,000 yuan.
2. Later, with the consent of the respondent, the respondent went to Baotou to reply.
The defendant's daughter brokered the relationship. During her stay in Baotou, the defendant often called the respondent to exchange information about the relationship. During his stay in Baotou, except for sending 1 10,000 yuan in cash to a certain leader, all the expenses of the respondents in Baotou were basically invoiced, and there was little 20,000 yuan in dredging fees.
2. The IOU was written by the respondent under the coercion of the respondent and its relatives and friends when he reported the dredging results to the respondent after returning from Baotou.
When the middleman gave 20,000 yuan in cash, he didn't write an IOU, but when the respondent came back from Baotou to report the result of dredging the relationship to the respondent in Nantong, he was besieged by the respondent and his relatives and friends at the hotel and asked the respondent to write an IOU of 40,000 yuan. Only then did the respondent know that the respondent gave the middleman Zhao Jianlian 40,000 yuan. In order to get rid of the entanglement of the respondents and their relatives and friends as soon as possible, the respondents had to write down a 40,000 yuan loan. As a matter of fact, the defendant only charged the middleman 20,000 yuan as the fee for dredging the relationship, instead of 40,000 yuan written on the IOU.
To sum up, there is no debt relationship between the respondent and the respondent at all, but an ordinary trust relationship, so the court is requested to dismiss the respondent's lawsuit according to law.
I am here to convey
Nanjing Municipal People's Court
Respondents:
Year? Month? sun
Attachment: 1, and 2 copies of relevant evidence materials.
2. 1 copy apply to the court for evidence collection.