Comment On The Perfect Of The System Of Counterclaim In China

As an important procedural system in civil procedure,the counterclaim has prolific Connotations and values,and has been recognized and introduced by all countries.The system of counterclaim can be used to save the cost of litigation and prevent two judgments from being inconsistent by trailing the claim and counterclaim together.The function of it just conforms to the value of civil procedure,which is efficiency and justice.But,in China,in terms of both the legislation and the judicial practice,with regard to the counterclaim,there are still consideral weak points,which can't meet the needs of the practice of judicial practice.This paper analyzes the pratice of the system of counterclaim,and then advances the defects and the rearons of it.Then the suggestions are given on how to improve the system,on the basis of comparing with the system of counterclaim in other countries and districts.This paper is composed of introduction and conclusion and three other parts:Chapter 1 talks about the history of the system of counterclaim.The article analyses the history of revocation system and counterclaim,then clarifies the origin and development of the system of counterclaim of two legal systems.On the base of that,the paper then bigins to ananlyse the definition,essence and the value and so on.Chapter 2,the paper talks about the definintion,essence and the value basis of the system of counterclaim.Then presents the basic viewpoint of this article.Clarifies the similarities and differences between both refutation and counterclaim.Chapter 3 mainly introduces the current the system of counterclaim of the country and districts of the two legal systems,and then analses the trend of integration of different countries.In the Chapter 4,the author describes the present situation of the systerm of counterclaim in the field of practice,which is rich in defects.Then the author also points the deep reasons which laeds to those defects.Chapter 4 expounds how to perfect the system of counterclaim.This is the most important part of this paper,the system of counterclaim shoulde be regulated by law in many aspects,such as:extend the scope of the parties of the counterclaim;extend the explanation to the relationship beteen claim and counterclaim;the defendant of the counterclaim can charge the plaintiff of the counterclaim in the same proceeding.