From The Conceptual Analysis Of Claim To The Basic Modal Analysis Of Counterclaim

Counterclaim is the equal protection of civil proceedings the parties legal rights and interests of the important procedures; counterclaim system is an important part in the civil law system; counter-claims the right to enjoy the right to appeal the important manifestation of the parties. It can be said not only has outstanding counterclaim of theoretical value but also for the judicial practice related to problem solving also has a profound significance. The discussion on the counterclaim can be described as voluminous, many of them for the excitement. At present, China mainland on the discussion focused on counter-claims on the existing counter-criticism and reconstruction of the system, as well as for foreign counter-related systems and technology introduction. These elements are just the institutional level of deconstruction and construction and did not go deep into the theoretical level.In fact, the core of the system with the counterclaim is that legislators set the benchmark system for the purpose of counterclaim or that the legislative intent, counterclaim depends on how the system should be designed to reach the legislators to set counterclaim system is seeking to achieve. But for theoretical studies, in addition to considering the legislative purpose other than as far as possible counter-claims should also be related to civil law concepts and other related concepts can be smoothly and effectively and to link, so as to ensure that counter-claims system could become the content of the science of law and not As a policy, become a vassal. Legal scholars, the main task lies in the legal system in scientific discovery.Therefore, this study is mainly on the counter-counter-claims and counterclaims from the start of the relevant concepts, the concept of trying to follow the logic of the composition of the system tracks all the way to find counter-scientific evidence. In addition to introduction part of the text other than the three-part, some more than 50000 words, the main contents are as follows:The first part of the article describes the basic situation of counterclaimsThis section includes a total of four aspects: First, to examine ideas and motivation; second, research methods; third, theoretical research value and practical significance; fourth, the basic logic of context, and demonstrated track. Most of the first part of the contents of the article should have appeared in the introductory part, but taking into account the following two-part article covered many of the theoretical argument is also more complex, it is necessary to the first part of the article devoted to this idea of the whole argument as a straightforward style of writing outline-style so that readers can read smoothly below. Is precisely for this reason, this article will be changed citations introduction.The fourth element of the second half I think Pingyue mainly aimed at teachers and other readers may be raised during some of the queries in advance to make a brief description. Analysis of the second part of the concept of counterclaims.This section of the upper to the concept of counter-complaint of the direct object argument, by v the concept definition, connotation, extension of the layers of inference of the article discusses the third part of the climax is well enough bedding, and the content analysis of the conclusions of v. counterclaim is also due the content of conceptual analysis. This part is the distribution of this theory, the most intensive areas, most of these theories can be interlocking interactive interpretation and counter-claims with the third part of v. The basic modal analysis compatible.The third part of the counterclaim of the characteristics of counterclaimsThe third part is the climax part of the full text. Part III summarizes the counterclaim is not only the unique elements of the concept (ie, counter-claims of the features) but also through counter-claims of v. The basic modal analysis completed a counterclaim with the combination of exhaust v. outlined initially envisaged, while the counterclaim is also implicated in sexual Analysis of the type of counter-claims which become clearer.