对于抗辩权制度,我国立法分散,且着重对合同抗辩权体系的研究,缺乏制度化梳理。应厘清抗辩与抗辩权这对极易混用的概念,严格区分两者的行使方式、对抗内容和效力,从而明确法官在诉讼过程中所能援引的事实范围。 As for the right of defense system, the legislation of our country is fragmented, and the research on the system of the right of defense of the contract is not systematic. The concept of defense and defense should be clarified and mixed. The strict distinction should be made between the modes of exercise and the content and effectiveness of the defense so as to clarify the range of facts that judges can invoke during the proceedings.