Compulsory Counterclaim System

The paper aims at constructing the compulsory counterclaim system on the basis of analyzing and using the theory and practical experience about this system in America for reference. Concrete content is as follows:Chapter One is the introduction about the general situation of the compulsory counterclaim system. Firstly define the concept of this system after comparing with permissive counterclaim. The emergency of the compulsory counterclaim system is the development of the counterclaim system in America. The major function of the compulsory counterclaim is to avoid the occurrence of contradictory judgment and save litigation costs.The author will probe deeper into two core problems combining Federal Civil Procedure Legislation and juridical practice in the next two chapters. Chapter Two is about the essential requirements of compulsory counterclaim, including the elements of jurisdiction, subject and relationship through the analysis of cases in juridical practice in America.Chapter Three will expound the consequences of loss of right in the round. Firstly, generalize the legitimacy basis of compulsory counterclaim, then comment the legitimacy of res judicata rules. It is not absolute that the consequences of loss of right happen. There are also exceptional circumstances.It is not occasional that the compulsory counterclaim system generate in America. There are special institutional environments. Chapter Four elaborates the institutional environments in which the compulsory counterclaim is running form four aspects:the discovery and disclosure system, the jury system, the centralized trial system and developed lawyer agent system.The last chapter dissects problems of litigation and juridical practice in Chinese compulsory counterclaim system and suggests establishing this system in China. After demonstrating the necessity and availability of the compulsory counterclaim system, the author will give some concrete advice about this system.