由于我国民事诉讼法没有规定开庭审理前不提交答辩状的不良后果,致使司法实践中,不提交答辩状成了一般状况,而提交答辩状却成了特例。不提交答辩状成了被告隐藏观点并在法庭审理中突然袭击的基本策略。为了使双方当事人在诉前准备程序中能充分沟通以保证诉讼效率和公正,我国法律应建立答辩失权制度,即被告在收到起诉状后的一定期限内不提交答辩状的即丧失提出答辩意见的权利,法官应当依据原告的起诉和证据进行判决。 Because China’s Civil Procedure Law does not provide for the adverse consequences of not filing pleadings before the trial, resulting in the judicial practice, not to submit a defense has become a general condition, and filed a statement of defense has become a special case. Failure to file a plethora constitutes the basic tactic of the accused hiding ideas and attacking them in court. In order to make both parties fully communicate in the pre-litigation preparation process so as to ensure the efficiency and fairness of litigation, the law of our country should establish a system of right of defense and defection, that is to say, the defendant shall not return the defense without submitting the defense within a certain period after receiving the bill of complaint The right of opinion should be judged by the judge on the plaintiff’s prosecution and evidence.