Research On The Consummation Of Civil Counterclaim System In China

Civil counterclaim system is an old litigation system of the civil litigation field, hasits own unique value, whether common law or civil law countries and regions havegenerally established a counterclaim system. However, in view of China’s civilcounterclaim system, and theoretical research on the international trend or a gap betweenthe practice of exposure not perfect, so perfect the system of China’s civil counterclaim isnecessary."On the civil counterclaim Perfection, expositions, illustrations and otherresearch methods, a more comprehensive study discusses the counterclaim system aswell as the author point of view, want to be able to promote the reform process on theCounterclaim System contribution to the meager force.Many due to the counterclaims system theory study doctrine, starting from theconcept of elaborate counterclaim by the various theories on the counterclaim and offsetthe defense of comparative analysis indicates that the counterclaims system ofdevelopment direction. Second, it analyzes the characteristics and functions of theCounterclaim System counterclaim system as an integral part of importance in the civillitigation system.Throughout the common law and civil law, all countries have legislation of therelevant provisions of the counterclaim. England and America are two typical commonlaw countries, especially the United States has unique characteristics provisions of thecompulsory counterclaim and any counterclaim; the counterclaims system of Germanyand Japan, two of the more typical civil law countries, the relative conservative elementsof the pursuit of an integral between this v. implicated. Comparative analysis of the therepresentative counterclaims system to improve our current system of civil counterclaimhas an important reference.In the development process of China’s Civil Procedure rule of law with Chinesecharacteristics, the system of counterclaim in the legislation also highlights theinadequacies. Counterclaim System legislation imperfect status quo analysis, I believethat China’s theoretical circles for the counterclaim lacks and limitations, and thelegislative status quo also has defects.Finally, from legislation to refine the elements to bring a counterclaim, given the parties the decision will not be accepted counterclaim remedies, improve the trial of thecounterclaim, the second trial in the counterclaim system improve several aspects toimprove the elaborate legislative proposals to improve the Counterclaim System. Inaddition, the counterclaim system process, I believe that should increase the counterclaimfunction of play, and improve the counterclaims system of civil action does not violatethe basic principles as a starting point to establish a counterclaim system operable.