A Study On The Countervailing System In Procedure

Countervailing in civil procedure is a special behavior.The civil procedure law of most countries have a clear regulation about it in the world.However,Owing to many kinds of reasons,There is a lack of it in civil procedure law of our country.With the development of society and economy,the number of case about countervailing in civil procedure is increasing in judicature practice.Our country's legislation of countervailing in civil procedure can't adapt the countervailing practice in procedure. In addition,Duing to the blank in civil procedure law,judges don't know how to do with it when they meet with this case.Thus,It is urgent time to reform the legislation of countervail in civil procedure.This article taking "Study on the countervailing system in civil procedure" makes a comprehensive research on the countervailing system in civil procedure in detail from each aspects,and propose it's own opinion to related issues,with a view to give a benefit to the reform of countervailing system in civil procedure of our country.This article includes four chapters,besides preface and conclusions:First chapter is on the summary of the countervailing system in civil procedure. This part introduced the conception and character of countervailing system in civil procedure firstly,expecting to know of the countervailing system in civil procedure fully.On the other hand,Discussion on the quality and value of the countervail system in procedure illustrates the vital significance of the existence of countervailing system in procedure.Second chapter is on the analysis of the connection between countervailing system in procedure and other questions which is related to the countervailing system in procedure,including counterclaim,jurisdiction of a court.Expecting to make clear the position which countervailing system in procedure is in civil procedure law,and study on the result which countervailing in procedure can made.Third chapter is on overseas law about countervailing in procedure.Author mainly tries to compare with several countries law about countervailing in procedure which have a representational in the world.At the same time,the author would like to points out the different of the legal taditions and revalation to our country. Four chapter is on the reform and consummation of the countervailing system in procedure to our country,which is the key point of this article.In this part,Firstly,it introduces the actuality of countervailing system in procedure of our country, including legislation,judicatory and so on.It analyzes the reason which causes the present situation,At last the article clearly points out the thought to the reform and consummation of countervailing system in procedure.