作为审前准备程序的重要组成部分,诉答程序具有确定争点、防止诉讼突袭并开示事实与证据的功能。应将被告提交答辩状的行为定位于被告的权利。在我国,被告不按时提交答辩状的不宜采用英美法系“不应诉判决”的制度。考虑到被告提交答辩状,对充实审前准备程序,避免诉讼拖延具有重要意义,应从制定设计上鼓励被告按时提交答辩状。为了使当事人在诉讼的初期尽可能提出全部的攻击防御方法,并有助于简化和限缩争点,民事诉讼法应进一步规范起诉状与答辩状的记载事项。 As an important part of the pretrial preparation process, the appeal procedure has the function of determining disputes, preventing raids and revealing facts and evidences. The defendant’s right to submit a statement of defense should be located on the defendant’s right. In our country, it is not appropriate for the defendant not to submit the system of “not responding to the judgment” in Anglo-American law system if the defendant does not submit the pleadings on time. Considering that defendants submit their pleadings, it is of great significance to enrich pre-trial preparation procedures and avoid procrastination. They should be designed to encourage defendants to submit pleadings on time. In order to make the parties propose all attack defense methods as much as possible in the early stage of litigation and help to simplify and reduce disputes, the Code of Civil Procedure should further standardize the items of pleadings and pleadings.