Research On The Expansion Of Civil Counterclaim

The value appeal of counterclaim expansion lies in conformity with the principle of equal rights,guaranteeing the unity of adjudication,and conforming to the economic principle of litigation.Only after the counterclaim is expanded can it be reasonably connected with the third party system and the co-litigation system,otherwise there will be inter-system conflicts.Offsetting in litigation is filed in the form of counterclaim,which is conducive to maintaining the principle of relativity of res judicata.In judicial practice,the number of counterclaim judgment documents has been increasing,and the scope of counterclaim implication has been continuously expanded,but the scope of the parties is more chaotic.The rigid provisions of the judicial interpretation on the scope of the counterclaim parties,the rough understanding that the judges in our country generally equate the subject matter of the litigation with the civil legal relationship,and the judge 's performance evaluation mechanism that judges the counterclaim only as a case,restricts the counterclaim expansion in three aspects.Institutionalize.It is suggested that the scope of counterclaim implication should be treated differently according to different situations,provisions on the scope of counterclaim parties should be modified in judicial interpretation,and the judge should explain the defendants who may violate the judgment and lose their rights,inform them that they can file counterclaims.Strengthen the teaching of the subject matter of litigation,reform the case management system and improve the judge's judicial adjudication technology,with a view to realizing the institutionalization of counterclaim expansion.