中外民事答辩制度之比较

A Comparative Study of Civil Pleading Process Between China and Foreign States

文章以对比方法粗略考察和评价了西方主要国家的民事答辩制度,分析了中国民事答辩制度的运行现状及其引发的诸多弊端,在民事诉讼的程序公正和诉讼效益之目标指引下,为中国民事答辩制度的完善提出了几点思路。

The author makes a comparative study of pleading process in the civil procedure between several main western states and analies the pleading process of Chinese civil action. The author thinks the provisionsof the pleading process of Chinese civil action are imperfect and less scientific, for it isn't treated as an independent stage in the preliminary action and the pleading process cannot help to make an efficient hearing. In the light of the requirements of due process and procedure efficiency, the author has theoretically discussed how to improve the Chinese civil procedural legislation.