(1) title.
Title: "Civil Defence" or "Defense".
Party column: directly write the basic information of the party, including name, gender, address, ID number, contact number, etc.
Part of the cause of action: specify why the case should be defended.
Request for defense: mainly for the plaintiff's claim, put forward their own defense opinions.
(2) Facts and reasons.
This is the main part of defense, and it can also be said to be a key part. Mainly explain why the defense request is made and what is the reason. It can be roughly divided into several aspects:
The first is to reply to the facts. Whether the facts put forward by the plaintiff in the complaint conform to the actual situation, if they are all untrue, they should all be denied, some are untrue, and some are denied. While denying it, the defendant needs to prove it by presenting objective facts. Never deny it out of thin air, it is best to provide negative evidence to support it. The so-called negative evidence refers to two kinds, one is evidence that can directly confront the evidence presented by the plaintiff, and the other is evidence that can deny the facts stated by the plaintiff.
The second is to defend the applicable law. The facts have changed, and the corresponding laws are bound to change. This part can be simplified because facts speak louder than words.
The third is the response to the previous defense request. Emphasize your defense request and attract the attention of the court.
(3) tail.
First of all, the delivery mechanism: written in the lower left two lines.
Secondly, the respondent, written on the lower right of the document, must sign it in person and must not print it.
Mark the year, month and day again.
Finally, you can add additional items.
In addition, if the defendant has any objection to the procedure of the plaintiff's prosecution, such as the jurisdiction of the court, he can first express his own defense opinions on the procedural errors of the plaintiff and temporarily refrain from expressing his opinions on the substantive part of the case, because solving the procedural problems is the first priority, and only by solving the procedural problems can he enter the trial of the substantive part of the case.
Legal basis: Article 125 of the Civil Procedure Law of People's Republic of China (PRC), the people's court shall send a copy of the complaint to the defendant within five days from the date of filing the case, and the defendant shall submit a reply within fifteen days from the date of receipt. The defense shall specify the defendant's name, gender, age, nationality, occupation, work unit, residence and contact information; The name and domicile of the legal person or other organization and the name, position and contact information of the legal representative or principal responsible person. The people's court shall send a copy of the defense to the plaintiff within five days from the date of receiving the defense.
If the defendant fails to submit the defense, it will not affect the trial of the people's court.