民事诉讼答辩失权制度若干问题探析

Necessary to Establish the System of the Defense Invalidity in Our Civil Lawsuit

我国民事诉讼立法中尚未确立答辩失权制度,而现行的答辩制度在实践中存在着明显的缺陷,建立答辩失权制度是对当事人处分权的合理限制,有利于落实诉讼平等原则、避免举证混乱、提高诉讼效益,实现"公正与效率"的双重价值目标。国外答辩失权制度的实践也充分证明了该一制度存在的合理性,因此我国应当借鉴国外先进经验,构建符合我国实际情况的民事诉讼答辩失权制度,同时也应注意保护被告在该一制度中的合法权利。

The defense invalidity system has not been established according to the Civil Suit Law, and there are obvious defects in the current defense system in the legal practice, Establishing the defense invalidity system is to rationally restrict the litigant＇s disposition right, favorably, ably fulfill the lawsuit equality, avoid the confusion of giving evidence, improve the efficiency of lawsuit, achieve the dual value goal ＂justice and efficiency＂. The practice of the defense invalidity system in some countries in the world proves its rationality of existence. Therefore, in foundation of drawing advanced experiences from abroad, we should take the defense period as an important legal condition in the legislation mode. The defense invalidity system in civil lawsuit should he established in accordance with the current legal practice in China, and the protection of the defendant＇s legal rights in this system should notbe neglected.