Research On The Scope Of Counterclaim Parties

Counterclaim system is very important in Civil Procedure Law of the People’s Republic of China,which has the function of realizing judicial justice,improving litigation efficiency and avoiding contradictory judgments.At present,the scope of counterclaim parties in China is not that clear and the limitation is too strict,which to some extent limits the role of counterclaim system.The purpose of this article is to explore the scope of counterclaim parties in China.Based on the reality,this article aims to analyze the existing problems and their causes,explain the rationality and necessity of the expansion of the parties of counterclaim,combined with foreign experience,put forward my own opinions on how to conceive the scope of counterclaim parties in China.In addition to the introduction and conclusion,this article includes the following four chapters :The first chapter is to put forward the problems about the scope of counterclaim parties in China and analyze the causes of the problems.Firstly,it introduces the current situation aboout the scope of counterclaim parties in China from three aspects :legislation,theory and judicial status.Secondly,it points out that the scope of counterclaim parties in China is not that clear and the limitation is too strict.Finally,the causes of these problems are analyzed.The second chapter discusses the theoretical basis about the expansion of the scope of counterclaim parties.Firstly,it clarifies its rationality.The expansion of the scope of counterclaim parties meets the requirements of judicial justice,avoids contradictory judgments and improves the litigation economy.Secondly,it is necessary to expand the scope of counterclaim parties.The explosion of cases and the implementation of common litigation system require the expansion of the scope of counterclaim parties.The third chapter introduces the laws and regulations of overseas countries(regions) on the scope of counterclaim parties.Firstly,it sorts out the laws and regulations of common law countries,such as the United Kingdom and the United States.Secondly,it sorts out the relevant laws and regulations of civil law countries and regions,such as Germany,Japan and Chinese Taiwan.Finally,it compares the differences and similarities of laws and regulations on the scope of counterclaim parties between common law system and civil law system.We can find that common law countries are more inclined to expand the scope of counterclaim parties than civil law countries and regions.However,in recent years,with the development of society,civil law countries and regions begin to accept the expansion of the scope of counterclaim parties.The fourth chapter is the construction about the scope of counterclaim parties in China.Firstly,based on our current legislation,it puts forward the identification of the scope of the parties.Secondly,based on the existing plans in our countries,this chapter discuesses how the scope of counterclaim parties should be expanded.Finally,it lists the necessary supporting arrangements after the expansion of the scope of the counterclaim parties,such as the proper time when the expansion can be carried out,additional protection of the right to counterclaim and the optimization of the internal management system of the court in our country.