The Research On Implication Character Of The Counterclaim

Countercharge's implicating nature is to point to a countercharge and to appeal in legal action reason or go at defense method to mount existence in fact or legally connection. As the condition judging the substantiality countercharge being founded or not,because of our country legislation go ahead not always making clear that, focal point location neither having the nature problem forming involving uniting final conclusion,the countercharge becoming dispute in theory boundary. Upper legislation vacancy place brings about the actual judicial practice middle judge make of standard not clear and definite to the countercharge but consults, the main according to law official discretion makes a judgement,feasible countercharge system owes the system establishment purpose because of being short of operatability,suitable for use rate always very low,not being able to bring into full play in practice. With the fact that economical our country society promptness develops, the people commercial affairs law case dispute rises also by a wide margin,will do now available legal action inadequate resources uses the current situation answering "the legal action explosion", therefore, system carries out research on the countercharge, especially the person implicates nature face to face making the boundary clear and definite stablely,make the person bring the due function into play really,the present stage appear most importantAt present, most countries in the world has all stipulated that nature has but seldom countercharge system, but involving to the countercharge on legislation go ahead making regulation's Since and ruling the tradition diversity by law,two fundamental laws are very big hold different attitude,divergence on implicating the nature problem. As far as in the homeland be concerned, the judiciary has been hit by hearing that having also often counter case,the theory boundary has provided the very good theory and practice basis to improving and perfecting being problem's turn to have made some problems studying pair of our country countercharges implicate nature also. And therefore, the main body of a book adopt parallel analysis law,demonstration to study law,analysis implicate nature to the countercharge giving meticulous go into on basis studying in prehominid,the sex boundary fixes the view bringing forward self to the countercharge involving. On using the regulation that USA compels to countercharge system for reference, ruling current situation by law combining with our country,suggest that what time perfects measure,hope that the research being able to countercharge a problem to our country submits some beneficial suggestion. The main body of a book is got rid of besides the foreword composes in reply concluding remarks,is includes five parts mainly:Partâ… ,the fundamental theory go along countercharge system mainly right away are brief introduce that. Implicating nature important condition is the core composing countercharge system's,needs to think that the nature problem studying the countercharge involving will have a fundamental.know about first to countercharge system. This part has carried out investigation and discussion on the connotation countercharge and their origin, and with regard to the characteristic and value countercharge system carry out analysis.Partâ…¡,the sex introducing involving countercharge and their existence necessity. This part is why analysis implicates nature in countercharge system mainly essential.Partâ…¢, carries out analytical comparison on home and abroad about countercharge the legislation regulation implicating nature,point out our country thereby having legislation, judiciary the defect, joins analyse problem at present on that problem the existence cause.Partâ…£,union our country current situation,involving to the countercharge nature makes a boundary stablely.Partâ…¤, improving and perfecting to our country countercharge system put forward a proposal,are countercharge system mainly draw forcing introducing American, and bringing forward several concrete measure perfecting relevance supporting measures with a view of our country reality.