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作为当事人权利实现的重要手段,抗辩直接关乎诉讼格局的合理构建和诉讼程序的顺利展开,无疑在民事诉讼体系中具有重要的地位。对抗辩的研究应从其基本理论入手,同时把握其确立的基础,进而厘清与抗辩权及否认等相关概念的区别,最终明确抗辩的实质,进而对立法的完善和实践的发展有所裨益。
As an important means to realize the rights of the parties, the defense is directly related to the reasonable construction of the lawsuit structure and the smooth commencement of the litigation procedure, which undoubtedly plays an important role in the system of civil litigation. The research on the defense should start with its basic theory, at the same time, grasp the basis of its establishment, and then clarify the differences with the related concepts such as the right of defense and denial, and finally clarify the essence of the defense, which will benefit the improvement of legislation and the development of practice.