立案登记改革中的书状答辩

Written Pleadings in the Reform of Case Registration

书状答辩具有案件甄别功能。民事诉讼法规定的答辩规范是权义复合规范,在保障辩论权的同时,也确立了被告限期提交答辩状的义务。当前司法实践中的书状答辩义务具有虚无化特征,妨碍了书状答辩案件甄别功能的发挥。我国应以书状答辩义务实质化为中心、深化立案登记制度改革。在具体推进路径上,需明确规定包含妨诉抗辩事由的答辩内容要素、合理设置答辩期间、合理确定被告逾期答辩责任。

The defense in pleading has the function of case distinguishing.The rule of defense stipulated by the Civil Procedure Law is the compound rule of right and duty,which not only protects the right to debate,but also establishes the obligation of the defendant to submit his defense pleading within a time limit.In current judicial practice,the obligation of pleading reply is in nihility,which hinders the function of distinguishing cases through defense pleading.We should focus on the essence of the defense obligation in written form to deepen the reform of filing registration system in our country.In the specific path,it is necessary to clearly stipulate the elements of pleading content including the reasons for obstruction of action,reasonably set the period of pleading,and reasonably determine the defendant’s responsibility for overdue pleading.