同时履行抗辩权制度具有正反两方面的作用:其积极功能是促使当事人双方同时对待履行债务,最终达到双方享有的债权同时实现;其消极作用是当事人双方可能都不主动履行债务,会导致合同的履行陷入一种长期停滞的状态。为减少其消极作用的影响,有必要对同时履行抗辩权作进一步规制:抗辩者有作出履行通知的法定义务;履行了通知义务的当事人有权请求法院作出履行判决;胜诉方只要做好履行准备即可申请强制执行;逾期不作为视为自愿终止合同。 At the same time, fulfilling the right of defense system has both positive and negative functions: its positive function is to prompt both parties to treat the debts simultaneously, and at the same time, the debts enjoyed by both parties can be realized at the same time. The negative effect is that both parties may not voluntarily perform their debts, Fulfillment into a state of long-term stagnation. In order to reduce the impact of its negative effects, it is necessary to further regulate the simultaneous performance of the right of defense: the defender has the statutory obligation to give notice; the party who has performed the obligation of notification has the right to request the court to fulfill the judgment; You can apply for enforcement; overdue failure to consider as a voluntary termination of the contract.