A Theoretical Study On Civil Counterclaim System

In civil procedure, as an special suing, counterclaim is to be enormously significant for balancing tell rights exercises of clients and safeguarding the legitimate rights and interests of the clients. Our current Civil Procedure Law only provides rules of that defendant is allowed to take a counterclaim action and merge trying in counterclaim, losing plaintiffs, defendants, types and withdrawing of counterclaim, involvement identification of chief-action and counterclaim and counterclaim in appeal. This imperfect provision is not adapt to the need for judicial practice but also causes appliance confusions in judicial practice to some extent. For this reason, consummating our legislation of counterclaim system is becoming one of the most important tasks of consummating Civil Procedure Law. The theoretical study and legislation consummating on counterclaim system should start from social situation of the right of suit protection and modeling experiences of foreign legislation and related procedure jurisprudence, considerating the basic objective of procedure economic benefits. Thus, start studies from qualifications of litigants, ways of making countersuit, time of making counterclaim, identification of chief-action and counterclaim, types of counterclaim, withdrawing of counterclaim and counterclaim in appeal.