Counterclaim System Research

The system of counterclaim plays an important role in civil procedure,and has established in each country. The system of counterclaim can beused to save the cost of litigation and prevent two judgments from beinginconsistent by trailing the claim and counterclaim together. The functionof the system of counterclaim just conforms to the value of civilprocedure, which is justice and efficiency. It is also established in ourcountry. But either in the field of theory or of practice, there are manydefects about the system. In this article, the reasons of defects areanalyzed. And the suggestion is given on how to improve the system ,onthe basis of comparing with the system of counterclaim in other countriesand districts.This paper contains 4 parts:Chapter 1 talks about the definition, essence, characteristics and the valuebasis of system of counterclaim. The author also states the developmentof the system of counterclaim .This is the basic theory of the paper.In the Chapter 2, the author introduces the system of counterclaim inother countries, and analyzes the same and the difference among them.The advantages can be used to improve the system of counterclaim in ourcountry.In the Chapter 3, the author describes the present situation of the systemof counterclaim in the field of practice, which is rich in defects. Theauthor also points the deep reasons which lead to those defects .In the Chapter 4, the author expounds how to set up the system ofcounterclaim. This is the most important part in the paper. The system ofcounterclaim shoulde be regulated by law in four aspects: extend thescope of the parties of the counterclaim;extend the explanation to therelationship between claim and counterclaim;improve the courtproceedings;the defendant of the counterclaim can charge the plaintiff ofthe counterclaim in the same proceeding.