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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 system of defense plea is not yet established in the legislation of civil procedure in our country. However, the existing system of plea defense has obvious defects in practice. Establishing the system of plea of defense is a reasonable restriction on the disposition rights of litigants, which is conducive to the implementation of the principle of equality of litigation and avoids the chaos of evidence , Improve the efficiency of litigation, and realize the double value goal of “fairness and efficiency”. The practice of the foreign defense losing right system also fully proves the rationality of the existence of the system. Therefore, our country should learn from the advanced experience of other countries and construct a defense system of defending and defending civil actions that is in line with the actual conditions of our country. At the same time, we should also pay attention to the protection of defendants in the system In the legal rights.