同时履行抗辩权制度具有诉讼经济的功能。当事人于诉讼上及诉讼外均可主张,为援用同时履行抗辩,被告无需证明原告未履行对待给付义务,仅须有援用同时履行抗辩的意思即可。当事人主张同时履行抗辩时,法院始得审究。对于原告的请求,被告提出同时履行抗辩时,如果原告未能证明自己已为给付或为给付的提出,法院可作双方同时履行的判决。 At the same time to fulfill the right of defense system has litigation economy function. The parties may claim both in the litigation and the litigation that in order to invoke the simultaneous defense, the defendant does not need to prove that the plaintiff failed to perform its obligation of paying his / her counterpart. When the parties claim that defenses should be fulfilled at the same time, the court shall first examine the case. In the case of a plaintiff’s request, the defendant may, at the same time, defend his case, the court may, if the plaintiff fails to prove that he or she has paid for or made the payment, may serve as a judgment for both parties to fulfill simultaneously.