The defendant of the small store has infringed the law and a court summons has come. He should actively respond to the lawsuit according to the time and place specified in the summons.

1. If the infringement by the small store is true, it should take the initiative to reconcile with the other party. If the settlement is made, the other party will withdraw the lawsuit. If reconciliation is not possible, the only choice is to obey the judgment of the People's Court.

2. If the other party’s prosecution is inconsistent with the facts, the small store can actively put forward a defense opinion and provide the People’s Court with evidence that is beneficial to the small store. With the evidence that is beneficial to the small store, the People’s Court will make a judgment.

According to the "Civil Procedure Law of the People's Republic of China":

Article 125 The people's court shall send a copy of the complaint within five days from the date of filing the case. The defendant shall file a statement of defense within fifteen days from the date of receipt. The defense statement shall state the defendant's name, gender, age, ethnicity, occupation, workplace, residence, and contact information;

The name, residence, and name of the legal representative or principal responsible person of the legal person or other organization , position, contact information. The People's Court shall send a copy of the defense to the plaintiff within five days from the date of receipt of the defense. If the defendant fails to submit a statement of defense, it will not affect the trial of the People's Court.

Extended information:

Definition of infringement:

(1) The object of infringement is the rights and interests recognized and protected by law

Regarding whether the rights and interests are recognized and protected by law, it can be determined in three situations: One situation is that the object of the infringement is an interest that is absolutely protected by law. This kind of rights and interests is cosmopolitan, that is, everyone in the world has the obligation not to infringe, and the obligator is not specific.

No matter who it is, anyone who infringes upon this right is an infringement. For example, under normal circumstances, the personal rights and property rights of civil subjects are rights and interests absolutely protected by the law, and actors are allowed to harm the objects. Such harm is not prohibited, condemned, or even encouraged by the law.

The law only provides protection when the perpetrator violates these conditions. For example, when a doctor treats a disease and saves a patient, he not only has to remove the patient's disease, but also for the benefit of the patient, when removing the patient, he must also remove some of the patient's good organs or body. This is done as a last resort to save the patient's life, and this behavior certainly does not constitute infringement.

If this situation is exceeded or these conditions are not met, and other organs or bodies are removed from the patient that should not be removed, this is an infringement of the legitimate rights and interests protected by the law and should be considered an infringement. For example, a certain hospital, which was highly publicized by the media, even removed the patient's uterus in order to treat appendicitis.

(2) Identification of the subject of infringement

To determine the infringement behavior, the infringement behavior should be distinguished from the specific assumption of tort liability. Traditional civil law theory holds that since an incapacitated person does not have the capacity to act, his actions do not involve infringement issues. This view is questionable. Infringement and the specific assumption of tort liability are two issues of different natures.

Article 133 of the General Principles of the Civil Law of China stipulates: “If a person without capacity for civil conduct or a person with limited capacity for civil conduct causes damage to others, the guardian shall bear civil liability.

China’s Supreme People’s Court “ The Opinions on Several Issues Concerning the Implementation of the "General Principles of the People's Republic of China and Civil Law" (Trial)" makes it more clear.

Article 22 of it stipulates that "Guardians may delegate part or all of their guardianship responsibilities. If another person needs to bear civil liability due to the tortious behavior of the ward, the guardian shall bear it. "Here the Supreme People's Court clearly defined the ward's "behavior causing damage to others" as a tort. The ward naturally includes people who are incompetent.

According to this, there is every reason to believe that the ward has no capacity for civil conduct. A person can become the subject of infringement, and his or her behavior can constitute an infringement, and it is not necessarily related to whether he or she specifically bears civil liability.

(3) Identification of the "act" of infringement

Traditional civil law theory links infringement with the actor's ability to understand and judge the consequences of his behavior. It is believed that a person with incapacity does not have the capacity to conduct torts because he cannot identify and judge the consequences of his actions. This article believes that it is unnecessary to impose too many subjective factors on the determination of infringement.

Life practice proves that there are two kinds of torts: one is subjective no-fault infringement, including incompetent persons and "good intentions doing bad things"; the other is fault infringement, that is, intentional or negligent infringement infringement. The consequences of these two torts on the victim are essentially the same. Infringement is a factual act.

Baidu Encyclopedia - General Principles of the People's Republic of China and Civil Law

People's Daily Online - How to avoid the "pits" of infringement?