System Of Civil Counterclaim

Counterclaim institution dated from ancient Roman and oriented from the offset defense of the ancient Roman Law, which develops with Italian theories. Nowadays, counterclaim system which contained the value of fairness and effectiveness has become one of the most important parts in civil action. The main countries of the two legal systems has clearly defined in both legislative and practical aspects, but the counterclaim in our country in the provisions of the system level is not systematic and perfect, and many differences also exist on the theory of counterclaim, so that can not meet the needs of the litigation practice in present. On this account, this essay research the history on the counterclaim by exploring the underlying theory of the counterclaim system. Learn the detail counterclaim system of two legal system, inspect and examine the status of China’s counterclaim system, as a contribution to making the Chinese Counterclaim System perfect.