缺陷与克服:对答辩随时提出制度的反思

保证诉权与答辩权平等是民事诉讼法的基本原则,理想的民事诉讼程序应当保证这一原则得到落实。我国《民事诉讼法》在构建诉权与答辩权的关系时,实行答辩随时提出制度,被告可以随时提出答辩状而不会导致失权,其目的在于确保被告能够对抗原告随时变更、增加诉讼请求,答辩被视为被告的一项诉讼权利。《关于民事诉讼证据的若干规定》颁行后,原告变更、追加诉讼请求的时间受到了限制,答辩状随时提出丧失了制度基础,其缺陷日益彰显,构建答辩失权制度是克服这种缺陷的有效措施。

Defaults and Overcome:Think about the System of Porducing Debate Claim Anytime

Ensuring the equatation of the right of the plaintiff and the accused is the basic principle in civil procedure. Reasonable civil procedure should ensure the realization of the principle. Chinese civil procedure law provides that the plaintiff can produce claims or correct them anytime in the course of suit, in order to ensure the accused having enough right to debate the plaintiff, claims of debate are permitted to produce anytime, producing claims of debate is provided as the right of the accused. As the civil litigious witness provisions being executed, the plaintiff can not produce claims and correct them anytime, the base of the system of the accused having the right to produce debate claims anytime has been deprived, it's faults expose explicitly. To provide the rule of depriving right to debate is the effective means to overcome the faults.