Civil Defense and Counterclaim Example 1
Defense and Counterclaimer: Hu ______, female ______ years old, Han nationality, temporary worker, ______ province ______ county, living ______ County Forestry Bureau Bamboo and Wood Processing Factory Dormitory.
Appointed agent: ______ County Legal Counsel Office attorney ______
Plaintiff ______ County Native Products Company v. Debt, is filed a defense and counterclaim as follows:
(a) the part of the reply: I (reply and counterclaimant) since _____ year _____ month _____ since the plaintiff hired as a temporary laborer, specializing in the trucks loaded and unloaded Mulberry bamboo, bamboo chips and other earth products.
____ _____ _____ morning, I and the other five temporary workers in the plaintiff's yard loading bamboo, because the truck has no fixed iron or wooden frame, only temporary selection of a few moso bamboo to do the insertion of poles, loading equipment is not secure, coupled with overloading 2.6 tons (250 moso bamboo), so that moso bamboo collapsed, I fell out of the car, was moso bamboo injury, unconscious.
After the hospital examination and diagnosis, I was "traumatic splenic rupture, concussion", head laceration with 12 stitches, splenectomy, **** transfusion of 1810 ml of blood, hospitalization for 56 days, spending 890.27 yuan in medical fees.
After discharge, the medical advice to rest for six months (hospital diagnosis has been submitted to your hospital).
The occurrence of this work accident is entirely caused by the plaintiff's side of the loading equipment is not firm, labor protection system is not sound.
The plaintiff, as a state-owned enterprise, not only did not check and improve its own work, but also shirked its responsibility, which is very undesirable.
The Ministry of Labor published the draft amendment to Article 36 of the Regulations for the Implementation of Labor Insurance, which stipulates: "Temporary workers, seasonal workers and probationers of enterprises implementing labor insurance shall be treated the same as ordinary workers during the period of medical treatment for injuries sustained in the course of duty.
"According to the spirit of this provision, my treatment during the period of medical treatment for work-related injuries should be handled in accordance with the provisions of Article 12(a) of the Regulations on Labor Insurance, that is to say, all of the consultation and medical fees, medical fees, hospitalization fees, hospital meals, and travel expenses for medical treatment should be borne by the enterprise or the factory.
During the period of medical treatment, the salary will be paid as usual.
From this, the plaintiff advanced to my medical expenses ______ yuan as my arrears and now want me to return, purely do not know the law, do not understand the law performance.
(ii) counterclaim part: I was injured on duty during the medical treatment, according to law should be borne by the plaintiff's expenses are as follows:
1. cash payment of medical fees, blood transfusion ambulance fees amounted to 667.54 yuan (all the documents have been submitted to your hospital);
2. hospitalization during the meal 84 yuan (1.50 yuan a day for 56 days);
3. nursing Wage 112 yuan (1 person per day, nursing 56 days, the daily wage of 2 yuan);
4. Medical and post-discharge recuperation period *** 8 months of wages 480 yuan (60 per month)
The above four items, *** total 1343.54 yuan.
In addition, I was injured before the balance of unclaimed by the plaintiff unlawful withholding of wages 47.92 yuan, a total of 1391.46 yuan.
The plaintiff should pay me $591.46 in addition to the $800 he advanced me for medical expenses.
I ask you to find out the facts, consolidate my counterclaims, and decide according to law.
Hereby
_________ County People's Court
Example of a civil defense plea2
Respondent Yang ______, female, ___ years old, Han nationality, ______ city, the city of _________ factory workers, currently residing in the city of ______ District No. ___, ______ Road.
Because of the plaintiff Li ______ v. I inheritance dispute, I now put forward a defense as follows:
First, I have done the main support obligations to my in-laws, according to the law have the right to inherit the estate.
The plaintiff in the indictment falsely accused me of not doing my duty of support to my in-laws, long-term mother-in-law and daughter-in-law discord, the fact is just the opposite.
I have been married to the Li family since ______, and my husband and father-in-law passed away after ______.
The death of my family, my spirit has been a serious blow, see my mother-in-law is old and frail, my sister-in-law Li _____ is still small, I can not bear to put the old less than disregard, has not been remarried.
Since then, the 3-member family has relied on me to take care of them, and the relationship has been very cordial.
______ the end of the plaintiff's marriage, I also handled.
In the past 10 years, I and my mother-in-law, I took good care of my mother-in-law, I was widowed and accompanied by my mother-in-law, which gave her great comfort, and there has never been a major dispute.
I took care of the main household chores, and I had the house repaired.
Since I have a job to go to, it is normal for my mother-in-law to take the initiative to do some of the household chores.
______ year Zi Granny died, I took care of the aftermath, the plaintiff in the lawsuit falsely accused me of focusing on their own pleasure, to Granny Zi for me to run the house, so as to prove that I have not fulfilled the obligation to support, is really ill-intentioned.
On the contrary, the plaintiff did not do their own mother to fulfill their obligations, grow up and get married are my mother-in-law and I single-handedly organized, after marriage, focus on managing their own small family, indifferent to the mother's old age and illness, death, the person died on the clamor for the house, is very unethical.
According to China's "Inheritance Law," the provisions of Article 12, the widowed daughter-in-law of the father and mother-in-law have done the main support obligations. Should be the first order of heirs, I have the right to inherit the property of my in-laws.
Secondly, regarding the division of the estate, the plaintiff had asked for the side house to be inherited by her before the lawsuit was filed, and I could continue to live in the east house, to which I was strongly opposed.
I and the plaintiff belong to the first order of heirs, but in considering the share of inheritance, should be based on the principle of consistency of rights and obligations, considering the heirs of the deceased in life obligations.
I am responsible for all the maintenance, I have done my duty, it is right that I should inherit a larger share of the inheritance I asked for the inheritance of the hall house and the east house [86 square meters).
In short, firstly, after the death of the plaintiff's father and brother, I took the burden of supporting the family; secondly, I did all the maintenance for my mother-in-law; thirdly, I was responsible for making necessary repairs to the house.
The People's Court is requested to ascertain the facts and, in accordance with the spirit of Article 12 of the Inheritance Law and the principle of consistency of rights and obligations, to recognize and protect my right of inheritance and to reject the plaintiff's unreasonable requests.
Hereby
______ City _____ District People's Court
Preceding Reply 3
Hou Yaowen inheritance case of the courtroom scene atmosphere as the weather outside, as "hot".
Hou Yaohua's 'lawyer' claimed that Hou Zan was greedy for money, wanted to get more shares of the estate, and stole items from the rose garden.
The lawyer said Hou was hesitant to "punch" his niece until two hours before the trial because he feared it would be detrimental to her.
The court scene
The anniversary of the death of the plaintiffs and defendants are dressed in black
Yesterday at 2:00 pm, the much-anticipated heritage disputes in the Xicheng Court hearing.
Less than 20 days later, is the anniversary of the death of Hou Yaowen 3 anniversary of the death of Hou Zan, Niu Chengzhi and Guo Xiaoxiao are dressed in black in court, Hou Yaohua himself did not appear in court.
Hou Zan accused the second eldest Hou Yaohua of having "no intention of distributing the rest of the inheritance to the sisters, except for a car", and she demanded that Hou Yaohua and the other four defendants return the misappropriated cash and relics.
Hou's lawyer, Liu Feng, accused Hou Zan of bringing in people to ask how he could distribute more of the estate than his sister while everyone was busy with the funeral.
A witness for the defense, Mr. Chen, who claimed to be Hou Yaowen's "righteous son," said that Hou Zan had asked him to put several bags of items into his boyfriend's car at the Rose Garden.
The trial lasted until about 8:00 p.m., and the two sides were unable to reach a settlement because of their divergent views, and the judge said he would announce the verdict on a later date.
Hou Zan said in an interview that the fact that the second moncler outlet store accusation does not exist, it is only one side of the story, she has not done anything wrong herself.
Hou Zan's lawyer, on the other hand, said that he would reserve the right to pursue legal responsibility for the damage to Hou Zan's reputation caused by the defendant's untruths.
The conflict
Borrowing 600,000 yuan, the second master did not give his niece "opinions"
For the nephew and uncle's relationship, Hou Yaohua said that before April 2008, he and Hou Zan get along well, but after that, things happened to make the two people contradict each other.
For example, Hou Zan sent a letter to the China Railway Cultural Workers Troupe (Hou Yaowen's former work unit) at the time, arguing that he was the only legitimate heir.
Hou also claimed that in early May 2008, Hou Zan borrowed more than 600,000 yuan from him to study abroad and pay off his mortgage.
But Hou Yaohua did not borrow after consulting Hou Yaowen's disciples, which created dissatisfaction in Hou Zan's mind.
Hou's lawyer said that the relationship between the two sides came to a standstill in June 2008.
Hou Zan and his mother went to the Babaoshan Revolutionary Cemetery to change the new ashes certificate, so that Hou Yaohua at the ashes of the certificate becomes waste paper, can not take out his brother's ashes for his burial.
For this reason, Hou Yaohua felt very heartbroken and grief.
Hou Yaohua said he called Hou Zan to ask for clarification on the matter, but did not get in touch.
And after he stopped repaying the loan for the Rose Garden Villa, it made Hou Zan very unhappy.
Inside the case
Hou Yaohua set his defense only two hours before the trial
"He waited until 12:00 noon on the day of the trial, and Hou Zan still didn't show any sign of getting the items back.
"Last night, Hou Yaohua's lawyer Liu Feng told reporters.
Yesterday at about 12 noon, Hou Yaohua said to him in a very helpless tone: "Then it's like this, with this defense.
For the reply published in a large number of details, Liu Feng lawyer said, he just took over the case last year, Hou Yaohua told him, but asked him not to announce to the outside world.
Now these details are published, for Hou Yaohua, is forced to do nothing.
If he didn't, he wouldn't have been able to respond to Hou Zan's accusations of "transferring and misappropriating the inheritance" in court.
Liu Feng said, a few days ago, the reply to Hou Yaohua to see, but Hou Yaohua on the reply to the details of the announcement is very hesitant, "has been struggling inside", the day before yesterday and yesterday, respectively, to call him to delete some of the contents of the reply to the official text of the reply to the court before the 2 hours before the finalization.
When the reporter asked whether the publication of a large number of contradictory insides means that Hou Yaohua completely with his niece, "showdown", Liu Feng lawyer said, Hou Yaohua from the reply to delete some of the contents of the statement is a lot of details, if published, will have a more unfavorable impact on Hou Zan.
Liu Feng said, the issue of money can wait for the court decision, but Hou Yaohua on his brother's estate can not give the two nieces divided, because some things in the hands of Hou Zan, can not be divided.
Hou Yaowen estate case came to light, Hou Yaohua once in an interview with reporters, said: "I give two mother's children to share the property, can never be divided evenly.