First, the civil defense statement:

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:

Complain to me

Zhezhi

People's court

defendant

_ year _ month _ day

Attachment: _ Copy of the defense.

_ _ _ other supporting documents.

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 appeal is completely rejected or partially rejected.

According to the handling of this case, I put forward my own ideas and asked the court to consider them.