On The Civil Counterclaim System Reform And Improvement

As an important system in civil action, counterclaim system has been prescribed by modern legal states in legislations of civil procedure. However, our country's legislation of counterclaim is too principle and Abstract to adapt the complex counterclaim practice. So it is urgent to carry on reform and consummation for our counterclaim system. This article taking "On the reform and consummation of China's civil counterclaim system " as a topic, utilizing such research technique as history, comparison as well as real diagnosis and so on, makes a comprehensive research on the counterclaim system from each aspect, and proposes its own opinions to the related issues, with a view to give a benefit to the reform and consummation of our country's civil counterclaim system.Except for the introduction and conclusion, this article has four major parts.First part is on the general Inspection of counterclaim system. This part divides into two small parts. Firstly, the article carries on an inspection of the history of the origin and development of counterclaim system, expecting to seek the historical basis for the rallies of this system from its origin. Secondly, the article carries on an inspection of the function of counterclaim system, to illustrate the vital significance of the existence of counterclaim system.Second part is on the comparative research of counterclaim system. This part mainly carries on the comparative research to the constitutions of counterclaim, including the party constitution, the implication constitution, the time constitution and the jurisdiction constitution. Through the writing of this part, the author would like to provide some guidance and advanced legislative reference.The third part is on the reconsideration of the present situation of our country's counterclaim system. In this part, the article firstly carries on an inspection of present situation of our country's counterclaim...