What is the copy of the defense? 1
A replica is not a replica.
You prepared three complaints, one of which was marked? Original? These words are original, and the other two are marked. Copy? In that case, it is plagiarism.
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Civil defense form 2
Respondents:
Name: _ _ _ _ _ _ Address: _ _ _ _ _ Tel: _ _ _ _ _ _ _
Legal Representative: _ _ _ _ _ _ _ _ _ _ _ _ Title: _ _ _ _ _ _ _
Authorized Agent: Name: _ _ _ _ _ Gender: _ _ _ _ _ _ Age: _ _ _ _
Nationality: _ _ _ Title: _ _ _ Work unit: _ _ _ _
Address: _ _ _ _ _ _ _ Tel: _ _ _ _ _ _ _
In the case of _ _ _ _ _ v. our unit _ _ _ _, the defense is as follows:
____________________________________ ____________________________________
Zhezhi
_ _ _ _ People's Court
Respondent: _ _ _ _ _ _ (seal)
Legal Representative: _ _ _ _ _ _ (signature and seal)
_ _ _ _ _ _ _ _ _ _ _ _ _
Attachment: _ _ _ copies of the defense.
_ _ _ other supporting documents.
Note: The defense reasons should state the problems existing in the indictment, such as inconsistency with facts, insufficient evidence and lack of legal basis, and list the relevant evidence and legal basis.
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Civil defense demonstration paper 3
Respondent: Liu, assistant researcher of Institute of Electronics, Chinese Academy of Sciences, No.9 Zhongguancun North 1, Haidian District, Beijing.
Address: No.9 1 Zhongguancun North Street, Haidian District, Beijing
Authorized Agent: He Haibo and He Bing, Ph.D. students from Peking University Law School.
In the case of Liu v. Peking University, Haidian Court made an administrative judgment (1999)No. 104, and ordered the defendant Peking University to issue Liu a doctorate certificate within two months after the judgment came into effect.
Peking University refused to accept the appeal.
The reply to Peking University's grounds for appeal is as follows:
1. The court of first instance accepted the defendant's prosecution according to law.
The appellant argued that the case was not within the scope of the people's court, because Article 11 of the Administrative Procedure Law and other laws did not stipulate that those who refused to issue the diploma could bring a lawsuit to the court.
The respondent believes that this is a misunderstanding of the administrative procedure law.
Although Peking University is not an administrative organ, it belongs to a public legal person engaged in higher education. According to the authorization of Item (4) and Item (5) of Paragraph 1 of Article 28 of the Education Law, they have the right to manage their school status and issue academic certificates.
Academic certificate is the legal certificate of educational experience and degree stipulated by the state, and it is an important basis for social evaluation of a person's knowledge level, and it is open.
Peking University's management of student status and the issuance of academic certificates are not legal acts in private law between equal subjects, but unilateral acts of managing public affairs based on authority.
Therefore, Peking University's act of issuing or refusing to issue diplomas belongs to a specific administrative act in the sense of administrative law.
According to Item (3) of Article 42 of the Education Law, the respondent, as an educated person, has the right to obtain the corresponding academic certificate after completing the required studies.
This kind of right involves important interests such as the identity and treatment of the respondent, and belongs to a part of personal rights and property rights.
According to Item (8) of Paragraph 1 of Article 11 of the Administrative Procedure Law, if the respondent refuses to accept the decision to issue the diploma, he may bring a lawsuit to the court.
In addition, the fourth paragraph of Article 42 of the Education Law also stipulates that the educated have the right to bring a lawsuit to the school for the violation of their personal rights, property rights and other legitimate rights and interests by the school.
The court accepted the case that the educated refused to issue the diploma, which is a precedent in China and recognized by the Supreme Court (see the Supreme People's Court Bulletin 1999 No.4 "Tian Yong v. University of Science and Technology Beijing for refusing to issue the diploma and degree certificate").
Two, the defendant's prosecution did not exceed the statute of limitations.
First of all, Article 29 of the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of the Administrative Procedure Law of the People's Republic of China stipulates: "If there is any dispute over whether the plaintiff's prosecution has exceeded the time limit for prosecution, the defendant shall bear the burden of proof."
Although the defendant mentioned the statute of limitations in the trial of first instance, he did not produce enough evidence to prove that the defendant's prosecution had exceeded the statute of limitations.
Secondly, for a long time, the respondents have been running around in many ways and actively seeking relief.
1997 1 month-this is within the limitation period of one year and three months-the respondent filed a lawsuit in Haidian court.
Because the court's understanding of the administrative procedure law at that time was not adopted.
The original intention of the statute of limitations system is that if the parties do not actively exercise their right of appeal within the statutory time limit, their rights will not be protected by the judiciary, provided that the court can provide relief to the parties.
In this case, it is not that the respondent is lazy to sue, but that the door of judicial relief has not been opened before, which leads to the respondent's complaint, which has been delayed so far.
In this case, if the defendant's claim is rejected on the grounds of statute of limitations, it will be a betrayal of the legislative spirit of establishing the statute of limitations system.
Moreover, in order to protect the plaintiff's rights, the law has also set up remedial measures in special circumstances.
Article 40 of the Administrative Procedure Law stipulates: "If a citizen, legal person or other organization delays the statutory time limit due to force majeure or other special circumstances, it may apply for an extension of the time limit within 10 days after the obstacle is removed, which shall be decided by the people's court.
"The defendant delayed the statutory time limit because he could not be attributed to his special circumstances, and the opportunity for the court to give judicial relief was completely reasonable and legal.
Three, the respondent meets the conditions for obtaining a diploma, and the appellant shall issue a diploma.
Article 33 of the Regulations of the State Education Commission on the Management of Postgraduates' Student Status stipulates: "Postgraduates who have completed the courses and required courses according to the training plan and passed the graduation thesis (degree) and passed the defense are granted graduation and issued graduation certificates.
"This is the legal condition for whether to issue a graduate diploma.
The appellant has no other objection to the respondent's qualification, and the only dispute is the understanding of "defense passed".
The appellant claims that "the defense passed" includes the defense of the defense committee, the deliberation of academic degree evaluation committee Branch and the approval of academic degree evaluation committee. The respondent was not recognized by academic degree evaluation committee, so he could not be considered as "passed the defense" and could not get the diploma.
This statement is untenable.
First of all, this explanation does not conform to the ordinary meaning stipulated by the State Education Commission.
Fair interpretation is the first rule of legal interpretation. Without sufficient reasons, we can't give up the conclusion based on fair interpretation.
Secondly, this interpretation does not conform to the spirit of legislation.
Articles 2 1 and 22 of the Education Law establish the system of separating degree certificates from graduation certificates in China. The appellant thinks that two sets of certificates are totally unnecessary.
Moreover, according to the provisions of the Academic Degrees Ordinance, academic degree evaluation committee's authority is to decide whether to approve the conferment of academic degrees, not whether to issue diplomas; The issue of whether to issue a diploma is beyond academic degree evaluation committee's authority.
As the school agent said at the court session, the practice of Peking University is to consider that there are not many courses during the doctoral period, and doctoral students have to spend a lot of time and energy writing papers. The key for doctoral students is to read his dissertation; Peking University, with the reputation of "the highest institution of higher learning in China", adheres to the principle of strict requirements for doctoral students, stipulating that graduation certificates cannot be issued without obtaining a degree certificate.
Respondents understand the good intentions of Peking University, but they don't approve of this practice.
Good wishes should also be realized through legal and reasonable means.
He should study hard, and Peking University should also explore other ways and measures.
To sum up, the appellant's appeal grounds are not established, and a trial will never be illegal.
Request the court of second instance to uphold the original judgment.
I am here to convey
Beijing No.1 Intermediate People's Court
defendant
20xx65438+1October 20th
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Submit the defense within 15 days after receiving the copy of the indictment. Is it natural day or working day 4?
Including working days and saturdays and sundays, such as 65438+ 10/,and submit the defense before 1 5.
People's Republic of China (PRC) Civil Procedure Law
Article 125 The people's court shall send a copy of the indictment 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 receiving the indictment.
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.