Defendant (Appellee) xxx, male, Han nationality, born on1October 24th, ID number13042719860124xxx.
Tel: xx 13004xxxx, Address: xxx, Long Fu Community, Zheng Min West Road, Cizhou Town, Cixian County.
The appellant Handan Jinshang Materials Co., Ltd. refused to accept the civil judgment of (20xx) Fuminchuzi No.5xx made by the People's Court of Fuxing District of Handan City on October 23rd, 20xx, and replied as follows:
The respondent thought that the facts of the original trial were clear and the application of the law was a bit ridiculous, and requested the court of second instance to dismiss the appeal and uphold the original judgment.
1. In the appeal, the appellant claimed that "Li's uncle negotiated with our company to transfer the vegetable greenhouse project of Dongsha Town East Street of Handan County Vegetable Cooperative" and so on. What does this have to do with the defendant? Are you talking about my presence, an intermediary, a witness or a guarantor? The defendant never knew about the appellant's business dealings with Liu Zhenwei.
This matter has nothing to do with the fart of the respondent. It is unreasonable to take this as an appeal, but there is nothing to talk about! Its intention is nothing more than delaying the repayment of loans and interest.
2. The appellant claimed in the appeal that the appellant was "willing to transfer a part of the vegetable greenhouse to Li".
That's just the appellant's wishful thinking! Do as you would be done by.
If you don't like it, just give it to me. What kind of moral quality is this?
3. The People's Court of Fuxing District of Handan City stated in the judgment of first instance: "The defendant Handan Jinshang Materials Co., Ltd. repaid the plaintiff Li a loan of 500,000 yuan and interest within 10 days after this judgment came into effect (interest calculation: from 20xx year 165438+ 10 to 20xx March, it was paid at four times the interest of similar bank loans).
There is nothing to say about the contents in brackets, but the court of first instance gilded lily, plus brackets and the contents in brackets, which is incredible! On what basis did the court of first instance decide that interest should be terminated in March of 20xx? With what judgment, it is paid at 4 times the interest of similar loans from banks?
Article 26 of the Supreme People's Court's Provisions on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases (adopted at the meeting of the Supreme People's Court Judicial Committee1655th on June 23rd, 20xx) clearly stipulates: "If the interest rate agreed by both borrowers and lenders does not exceed 24% of the annual interest rate, the people's court shall support it".
Why didn't the court of first instance support it and make an arbitrary judgment? And why is the interest only paid until March of 20xx? Therefore, the facts in the original trial were clear, and the application of the law was a bit ridiculous!
In this case, due to the appellant's self-restraint and deep pockets, he deliberately made things difficult, which made the case full of twists and turns and made the appellee experience a long wait and pain.
Although the appellee was not satisfied with the trial at all, he was able to understand the general situation and gave up the right of appeal.
However, I didn't expect the boss with deep pockets to appeal in turn, deliberately causing a lawsuit to achieve the purpose of delaying the repayment of loans and interest.
Its purpose is against social fairness, justice and moral conscience, and I hope the collegial panel will examine it clearly.
The appellee implores your court to reject the appellant's claim according to law and uphold the original judgment.
I am here to convey
handan city intermediate people's court
Respondents:
date month year
The best defense for divorce Article 2: In the case of xxx v. My divorce, I put forward the following defense:
I didn't expect to bring my marriage to the brink of bankruptcy. After thinking about it for more than ten days and nights, I still want to write this defense. Be a man, even if I'm getting a divorce.
First of all, I'd like to thank you for giving me the opportunity to study the Marriage Law and related legal explanations several times as a plaintiff. In order to write this defense, I also looked up many divorce judgments online and saw how men in the same situation as me defended.
I feel that I can answer a similar consultation today.
"whether the relationship is broken" is the legal condition for the law to allow divorce.
I have to spend some quality time with you. You sued me for divorce, obviously thinking that our relationship has broken down beyond repair.
From acquaintance to love, from love to marriage, have mutual appreciation and tacit understanding vanished? Is it a world of flowers that confuses your eyes and forgets your original vows? In fact, I am also very entangled, forcing your body to stay in my arms, but your heart is sleeping in someone else's bed. What can I do? In the past few years of marriage, my understanding of marriage is: the feelings in the first five years, the affection in the second 50 years, mutual accommodation and mutual understanding for a lifetime.
After the passion, many people have the impulse to divorce, so they have no choice, because it is a place where they will miss home, no matter where. I think you should understand this.
Life is always accompanied by a lot of gray humor. I once dreamed of passing the national judicial examination one day and sitting on the trial bench, but today I stepped on the dock first.
In your complaint, you listed eight "crimes", such as "failing to fulfill my family obligations, drinking and socializing constantly, coming home too late every day, not being good enough for you, etc."
Yes, all the "charges" you set are true, I think.
But how much do you understand and support a man? The mission entrusted to him by the world is not only a family obligation, but also a heavy social responsibility. Who should he turn to when he is tired? "It is difficult to balance work and family." A man like me, who was born with a muddy leg, had to go to the fields, invest half a skull's hair and recycle a meter's hat. Now you must leave me. Is this a success or a failure? Between husband and wife, they can often cope with hardships, but they can't stand the long-term dullness. To test whether true love is true is to hide glory and wealth, and whether they will love each other as before!
"It takes two hands to make a sound", and a laundry list of pots and pans will inevitably bump into each other.
Walking on the road of divorce today, arguing about who is right and who is wrong in the past life has no practical significance. I just think it's really hard to be a man. The word "female man" is the biggest irony of male transsexuality.
You and I are old, why should we give up halfway? Will the people waiting for you at the intersection ahead treat you as always? Is there no malice behind sweet words? Think about it! No matter how the court decides, the road still has to go, life still has to go on, the sun will not set because I am in a bad mood, and the night will not come because I don't want to be alone.
Have a game with husband and wife, even if tomorrow is the end of the world, we should cherish each other and send our best wishes.
While replying, I have two words for you:
First: since you have chosen, don't regret it.
Life is too short to repeat. The way out is like an arrow Looking back, it won't be yesterday.
Second: Don't sleep in other people's beds easily.
In the world of flowers, temptation is everywhere. Nothing for nothing. Please take care of your health.
Third: ...
I am here to convey
Xxx people's court
Defendant: xxx
20xx year x month x day
The best defense for divorce Article 3 Respondent:
Contact telephone number:
Respondents:
Contact telephone number:
The defendant sued for divorce on, and put forward the following defenses according to relevant facts and laws:
1. The defendant agrees to dissolve the marriage relationship with _ _ _ _ _.
My relationship with _ _ _ _ _ has indeed broken down, and there is no possibility of reconciliation. As the plaintiff said, due to the short time before marriage, lack of in-depth understanding and weak emotional foundation, the two sides often quarreled over family chores after marriage, and the plaintiff repeatedly called the defendant's unit to make trouble without reason, which seriously affected the defendant's life and work. Because both parties agreed to divorce, the original and the defendant tried to negotiate divorce many times. During the negotiation, both parties have been separated since _ _ _ _ _ _ _ _.
Two, request the people's court to divide the property of both parties according to law, * * * with the property:
1, * * * Same property: a property located in _ _ _ _ _ _ _ _ _ _
2.* * * Same debt: owing to the mortgage loan of RMB 10,000 to the bank for the purchase of the above property, the bank still owes RMB 10,000.
Three. Defend against Article 2 of the plaintiff's claim:
1. Jewelry purchased by the plaintiff for the defendant before marriage cannot be regarded as the joint property of husband and wife, because it was given by the plaintiff on the condition that the marriage was concluded before marriage. Later, the two sides have already married and the bride price has actually been delivered. The gift is legal and valid and should be regarded as the personal property of the defendant. Moreover, to say the least, the jewelry belongs to the defendant. According to the marriage law, divorce should also be owned by the defendant.
2. The plaintiff claimed that his mother paid _ _ _ _ _ _ _ yuan for both parties, which is untrue. _ _ _ _ _ yuan is actually a bride price given to the woman (defendant) by the plaintiff's mother about _ _ _ days before her marriage. According to the Marriage Law and its judicial interpretation, it should belong to the defendant, not the same debt as the plaintiff said.
To sum up, the respondent believes that the plaintiff's complaint is fabricated and confusing, and its claim is inconsistent with the facts and has no legal basis. Therefore, the respondent hereby puts forward the above defense opinions and requests the court to verify and adopt them.
I am here to convey
_ _ _ _ _ Municipal People's Court
Respondents:
Date:
Attached:
_ _ _ _ copies of defense;
Evidence materials _ _ _ _.
Best defense for divorce Article 4 Respondent:
Address:
Respondents:
Address:
The plaintiff _ _ _ _ _ _ _ sued the respondent for divorce, and the case number was _ _ _ _ _ _ _ _.
Facts and reasons:
1. The relationship between the Respondent and the Plaintiff _ _ _ _ has indeed broken down, and there is no possibility of reconciliation. The Respondent agrees to dissolve the marriage relationship with the Plaintiff _ _ _ _ _.
(1) Although the respondent and _ _ _ _ _ _ _ _ got married voluntarily, their personalities were incompatible after marriage, and * * * failed to understand and help each other during their common life, resulting in increasingly weak feelings between husband and wife and conflicts. Now the plaintiff insists on divorce and the defendant agrees.
(2) In the complaint, the plaintiff claimed that the respondent "abandoned his wife and children" was irresponsible to the family, and the fact that he "abused", "beat, hurt" and "had an affair with others" was inconsistent with the actual situation.
In fact, the respondent has suffered from mental disorder since _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ At the same time, due to the frequent business trips of the respondent and the lack of communication between the two parties, the plaintiff became more suspicious and imposed various restrictions on the respondent. Therefore, the facts stated by the plaintiff are inconsistent with the actual situation.
Second, this _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ refers to
In this case, the plaintiff claimed that her future income was unstable and she could not support her children. Considering that the plaintiff can't live with his children due to work reasons, and the respondent has a fixed income and a stable job at present, and the respondent's parents are willing to help raise their children, the court is requested to order the legitimate children to be raised by the respondent.
Three, if the court ruled that the child was raised by the plaintiff, then the defendant can bear the monthly maintenance fee of _ _ _ _ _ _ _ _ yuan until the child reaches adulthood, and the maintenance fee of _ _ _ _ _ _ _ _ _ _ yuan advocated by the plaintiff is too high, which exceeds the defendant's financial capacity. The reason for this is the following：
(1) The child is still young and has been living with the plaintiff's parents in _ _ _ _ _ _ _. Judging from the local actual living standard, the monthly child support fee of _ _ _ _ _ _ _ yuan is obviously too high, which is also inconsistent with the actual expenditure of the child at present, and the child support fee is an obligation that both parties should bear, so the plaintiff should not push all the support obligations to the defendant.
(2) At present, the respondent doesn't have much financial ability to pay the maintenance of his son.
Starting from _ _ _ _ _ _ _ _ _
The plaintiff claims that the property owned before marriage belongs to the plaintiff, and should not recover the house payment from him, which has no legal basis.
The real estate involved in this case was purchased by the respondent in his name before marriage with _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ As the capital contribution of the respondent accounts for the main part of the property at the time of purchase, and the interior decoration expenses of the property are borne by the respondent, the property of * * * will be divided when the relationship with * * * is terminated.
5. All the furniture and household appliances in the house involved are owned by the respondent.
All the furniture and household appliances in the house involved in this case were purchased by the respondent before marriage, and the property should belong to the respondent's personal property before marriage. According to the relevant provisions of the law, the property should belong to the personal property of the respondent. Therefore, the court is requested to order the property to be owned by the respondent.
The above defense opinions are requested to be adopted by our court.
I am here to convey
_ _ _ _ _ People's Court
Defendant: _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Attachment: copy of the defense; _ _ _ _ _ copies of evidence materials.
Best defense for divorce Article 5 Respondent:
Address:
Respondents:
Address:
Legal representative:
Because the plaintiff Liu Chunming sued for divorce disputes, the defendant made the following reply to the plaintiff's civil complaint:
National defense affairs:
The defendant refused to admit the plaintiff's claim and resolutely disagreed with the divorce. The reasons for divorce originally told were purely fabricated, untrue and totally unfounded.
Main reasons:
First, the defendant and the plaintiff have an emotional foundation, and they have a good relationship after marriage.
1. The defendant and the plaintiff worked in the medical system and got to know each other before holding hands. Introduced by a friend, the two sides formally confirmed their love relationship. Before and after marriage, the plaintiff often went to the defendant's work unit to satisfy the defendant's feelings and had a good relationship.
The plaintiff is diligent and enterprising, with strong adaptability and working ability. At first, I agreed to marry the plaintiff because I admired him. When we got married, he was just a clerk. This is our most difficult period. Husband and wife can live in harmony. How can you say that you don't like his rural family background and never object to his treating people?
It's totally untrue that both sides have lacked a normal husband and wife life since the birth of the child.
The defendant and the plaintiff * * * have lived together for so many years, knowing that the plaintiff is not bad in nature and has a good personality. Even if the plaintiff filed for divorce, the respondent firmly disagreed with the divorce, and the respondent had the determination, confidence and ability to save and influence the plaintiff. Mother-in-law and daughter-in-law need mutual understanding and tolerance. As long as there is space and time, the contradictions between the two sides can be reconciled. I am also willing to change myself and better handle the relationship with my mother-in-law.
Second, the relationship between husband and wife has not yet broken down, and there is a young son who needs to be raised and educated by both sides. The defendant did not agree to divorce.
The defendant never filed a divorce with the plaintiff. In order to achieve the purpose of divorce, the plaintiff fabricated fiction everywhere in the complaint and tried to make it out of nothing. In the complaint, the plaintiff confidently said that the defendant had proposed to divorce him years ago, and the two sides had held many consultations on the divorce issue. However, it was the plaintiff himself, not the defendant, who first sued the court for divorce. If the defendant files for divorce, how can relatives and friends accuse the plaintiff of filing for divorce first?
The contradiction between the defendant and the plaintiff is caused by the family reasons of both parties. The defendant is willing to give more tolerance and understanding and eliminate misunderstandings through communication. I don't want to see young children get hurt because of divorce and let them grow up in a broken family.
3. The respondent implores the court to comprehensively consider the facts of this case and solve the contradiction between us in combination with legal provisions.
The respondent requested the collegial panel to analyze the root causes of the contradiction between the two sides according to the facts of the case, supplemented by patient and meticulous persuasion work, to resolve the "knot" between the plaintiff and the respondent, to help us cross this "threshold" and safeguard our family that should not have been disintegrated.
To sum up, the plaintiff's claim has no factual and legal basis, asking the court to protect the legitimate rights and interests of the respondent, protect the legitimate marriage relationship, and reject the plaintiff's claim.
I am here to convey
_ _ _ _ _ _ _ _ _ People's Court
Defendant: _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
The respondent filed a divorce request with the people's court on the grounds that the relationship between husband and wife broke down, and the respondent defended it.
The Respondent believes that the marriage relationship between the Respondent and the Respondent is still good and has not reached the level of breakdown. Just some minor contradictions, misunderstandings and frictions. It is normal to have different ways and views on trivial matters of family life, and it is not uncommon to have differences and branches, which can be solved through consultation, exchange and communication. It's definitely not a good idea to avoid differences by breaking up through divorce.
In the defendant's complaint, it is not true that the relationship between husband and wife is broken. To judge whether the relationship between husband and wife is broken, we should comprehensively consider the basis of marriage, feelings after marriage, reasons for divorce, the current situation of the relationship between husband and wife and the possibility of reconciliation. According to the current situation of the Respondent and the Respondent, the Respondent believes that the relationship between the Respondent and the Respondent has not reached the level of rupture, and now the defense is as follows:
First, the relationship between the defendant and the defendant has not really broken down.
Since they 1996 got married, the relationship between husband and wife has been very good. Although in 2008, the respondent filed a divorce lawsuit because of a minor dispute between husband and wife, but after the court ruled that divorce was not allowed according to law, the two sides lived together, jointly operated a small facade, were loyal to each other, and entrusted the money to the respondent for safekeeping, fulfilling the obligation of mutual support, and their feelings remained the same as before. Up to now, the respondents have brought a small family.
Second, what the defendant said in the indictment is not quite realistic.
The respondent said he wanted to learn to drive, and asked him to give him 30 thousand yuan, or he would be killed if he didn't give it. That was not the case. Because the respondent did not take the initiative to seek communication to solve the minor contradictions between husband and wife, but took immature measures, either threatening divorce or going back to his parents' house to escape, the respondent was helpless when asking for a divorce: "If you want a divorce, give me 30 thousand", which is just an angry remark. To tell the truth, even if the defendant gave me more money, the defendant would not agree to divorce. What the defendant needs is a wife. The respondent also admitted that he had threatened with a knife, but he did not mean to cut the respondent. People are not vegetation, and practice can be ruthless. The respondent has lived with the respondent for more than ten years and has a son under his knee. How can they do such an unreasonable thing? Besides, the respondent still loves the respondent. How did they do it? The reason why the respondent did this was only to scare the respondent's childish behavior of running to his parents' house when there were repeated contradictions, and he didn't mean to cut her down.
Third, the reasons for divorce put forward by the defendant in the indictment are far-fetched.
There is no need for the defendant to bring up the old scores between husband and wife more than ten years ago in the indictment, and to investigate the causes and responsibilities of these things. It's too far-fetched to take these things as reasons for divorce. Husband and wife in the world have been in the same family for a long time, and there are no contradictions, differences or disputes? Let bygones be bygones. As the saying goes: "Husband and wife do not hold grudges when quarreling and fighting, but do not stay overnight". If you always hold grudges or often fry old rice, wouldn't it be that the longer you stay together, the more contradictions and disputes there will be?
Respondents are willing to admit their mistakes, sincerely change their shortcomings and make up for them, hoping to make up with respondents.
The defendant divorced the defendant only because the minor contradictions in the husband and wife's life were not well solved. Every family will have disputes and contradictions, no matter how good the feelings are. If the respondent is wrong in these things that cause friction between husband and wife, he is willing to admit his mistake and correct it later. Therefore, the respondent hopes that the respondent will give up the idea of divorce, the husband and wife will make up, the son will make up, and do a good job in family management. I also hope that the court can patiently and meticulously resolve the "knot" between the respondent and the respondent, help the respondent and the respondent to make up, and safeguard this family that should not have disintegrated. The respondent also sincerely hopes that the respondent can cherish the feelings with the respondent for more than ten years, care about the healthy growth of his son and give him a complete home. To tell the truth, in fact, the son who is most hurt by the divorce of husband and wife!
5. If the respondent is cornered, walks into a dead end, insists on divorce, doesn't cherish the feelings that have been established between the two sides, and throws 14' s feelings out of the clouds, then divorce is a matter of time, and the respondents who have a secret love, shoulder pole and heartless marriage also find it boring. As the saying goes, "a twisted melon is not sweet, and it can't be a good couple." If there is really no feeling, and the feeling is broken, two people together are unhappy and painful. Eliminating pain is also the beginning of happiness. Please think twice before you act. If divorce is necessary, then the son is still raised by the defendant, and living with the defendant is more conducive to his healthy growth.
Based on the above reasons, the respondent did not agree to the divorce and hoped that the respondent would withdraw the divorce proceedings. If the respondent insists on suing, please ask the court to order that divorce is not allowed according to law and give both parties a chance to make up. I hereby reply.
I am here to convey
People's court
Defendant: xxx
20xx x month xx day
Respondent: Li Moumou, male, born on X+09XX, Han nationality, living in Room xxx, Unit X, Building xxx, Daxing District, Beijing, with the telephone number of xxxx.
Respondent: Yao Moumou, female, born on xx 19xx, Han nationality, living in Room xxx, Unit X, Building xxx, Daxing District, Beijing, with telephone number xxxx.
The respondent made the following reply to the case of the respondent v. my divorce dispute:
First, the relationship between the appellee and the appellee is good, and there is no emotional breakdown as claimed in the complaint.
(1) The respondent and the respondent are in free love and have emotional foundation;
In the complaint, the defendant claimed that I married the defendant through free love registration on 19xx. This statement is in line with the actual situation. It is precisely because the respondents and the respondents have similar personalities and hobbies that they have formed a family together and have experienced ups and downs for more than ten years. Until now, the respondent still loves the respondent deeply. The respondent filed a divorce lawsuit, which surprised the respondent deeply.
(2) The Respondent and the Respondent live together and always live in harmony.
The respondent believes that it is not true that the plaintiff mentioned in the complaint that the husband and wife often quarrel, and the quarrel is not without it, but it does not affect the relationship between husband and wife. The respondent said in the complaint that the respondent's work was not in place, which was inconsistent with the actual situation. For the sake of family and children, respondents have been working hard in Beijing Digital City E-commerce Center. He works hard and never complains. How can he say that the defendant didn't do his job well?
(3) It is irresponsible for the family to claim that the respondent is looking for a woman outside, which is not in line with the actual situation.
It may be due to the lack of communication between the respondent and the respondent, which led the respondent to suspect that the respondent had another woman outside, and thus filed a divorce lawsuit. Respondents are willing to communicate with respondents, be considerate and understand each other, and eliminate misunderstandings between them.
2. The respondent implores the people's court to comprehensively consider the facts of the case, and in combination with the legal provisions, the respondent is not allowed to divorce the respondent.
(1) The current situation of the relationship between the defendant and the defendant is that although there are minor contradictions, it is a normal quarrel between husband and wife, which is far from the degree of complete breakdown of the relationship between husband and wife.
(2) The daughter Li Yingjie is underage. Divorce will do great harm to the child's body and mind, which is not conducive to the child's growth.
(3) The respondent in this case has both the desire and the possibility of reconciliation.
From this point of view, the divorce between the defendant and the defendant in this case is only an episode in the symphony of normal husband and wife life, and it is a "threshold" that almost every couple may encounter! The respondent believes that as long as the collegial panel can work according to the facts of the case, combined with the legal provisions, supplemented by patient and meticulous persuasion, it can resolve the "bump" between the respondent and the respondent and help the respondent cross this "threshold"! As a result, a family that should not have fallen apart was maintained.
To sum up, the respondent has no factual and legal basis for the respondent's claim, and requests the people's court to protect the respondent's legitimate rights and interests, rejects the respondent's claim against the respondent, and decides that the respondent is not allowed to divorce the respondent. The above defense opinions are requested to be adopted by our court.
I am here to convey
Beijing Daxing District People's Court
Respondents:
20xx year x month x day