The Research Of Our Country Civil Countersuit System

A countersuit began in ancient Roman law, by the Roman law of civil litigation offset defense. Countersuit system as a litigation system, and contains abundant legal value, it not only makes the original, the accused, the parties can equal right to state law protection of rights, and through the counterclaim consolidated with the litigant, reducing the cost of litigation respectively, simplified procedure and improve the handling efficiency, reached the litigation economy effect. Meanwhile, through the counterclaim with the litigant consolidated can better balance committed the parties'legitimate rights and interests, more reflect legal justice value, also can more effectively avoid conflicting referees.Full text is divided into four parts altogether,the first part of this text is civil countersuit system overview, in this part of the paper defines civil counterclaim, compared to the concept of Chinese and foreign scholars counterclaim, summarizes the characteristics of paper counterclaim. In addition, expounding China's existing laws on the provisions of this section.In the second part is civil countersuit the research method, respectively by a civil law countries of Anglo-American law system of France and Germany, and in the United States and Britain for reference and comparison, absorbing foreign system of advantages for our country to use.This paper analyzes the third part of civil countersuit the existing problems and analyze, establishing perfect and science, practice of high maneuverability civil countersuit system of necessity.In the fourth part, also be one of the most important part of this paper, perfect civil countersuit the concrete scheme and demonstrates its rationality and feasibility.