On The Civil Counter-claim System Study

The counter-claim system comes from the ancient Roman law. According to the historical data, in the beginning of lawsuit proceeding in the ancient Roman, the counter-claim wasn't admitted and the counterargument was only admitted, which meant that the accused can take denial and refusal to argue the accuser's opinions. Till the seventh century A.D,on account of fair opinions.it admitted the accused's offset argue and developed to admit counter-claim to the extent, afterwards, the countercharge become an important law system of the widespread establishment of the international community code of civil procedures gradually because it have the fair and effective characters.The civil case counter- claim belongs to the civil case claim. The civil case claim owns three characters, which are fairness, effectiveness and efficiency. In the same time, the countercharge also owns these characters.The concept that civil case counter-claim is, in already start of civil case in court( namely original case) process. the accused that is called originally or be placed in the accused position in this case as the third people aims at to the accuser or be placed in the accuser position in the case to put forward claim, which means to put forward a kind of independent civil case in court of the litigation claim toward the court of the people that take up to tell originally. The civil countercharge system is composed of these rules of counter-claim laws and judicial order in the civil action. The civil counter-claim system has developedrapidly in the west developed countries, just as in the Great Britain, the United States, the France, the Germany , the Japan and etc.These development experience of the civil counter-claim system will give us a lot of useful experience to develop the civil counter-claim system in our country.In our country, the civil counter-claim system has a lot of defects because it began to develop lately. In the theoretical field of the civil counter-claim system, different people hold different opinions. It doesn't form the unified criterion and unified operation procedure in the judicial practice. So a lot of problems of counter-claim system need to be solved. All in all. according to the value of the civil lawsuit, the paper will research and analyze some problems of the civil counter-claim system in order to perfect it in our country, which owns practical and theoretical significance.