On The Construction Of Counterclaim Party Expansion System

As one of the key civil litigation systems in China,the counterclaim system has important institutional value in maintaining the fairness of litigation rights between parties.While studying the counterclaim views of the two legal systems,this article also draws on the views of other scholars on the expansion of counterclaims and the corresponding systems related to counterclaims,and puts forward my own suggestions on how to expand the counterclaim parties.This article is divided into five parts:The first part is a discussion of the current situation of the scope of counterclaim parties in China.The key point is to understand the current provisions of counterclaim parties in China to see what drawbacks it has."And through the" Golden Bridge Company counterclaim case "to show that in current judicial practice in China,there has been an attitude of expanding the scope of counterclaim parties.".To demonstrate the necessity and significance of counterclaim expansion.The second part examines the theory of counterclaim expansion using a comparative approach.The first is the German Federal Supreme Court,which believes that the scope of counterclaim parties can be extended to third parties.Secondly,Japan has a negative attitude towards the expansion of counterclaim parties,but a few scholars in Japanese academia believe that it can be expanded to third parties.The expansion attitude of Taiwan of China can be extended to the person who must be identified in accordance with the object of the counterclaim.Finally,it introduces the positive expansion attitude of the Anglo American legal system.It is concluded that China should not blindly learn from other countries or regions,but should learn from the current judicial environment.The fourth part analyzes several situations of counterclaim parties in the current academic community,namely,basic counterclaims,counterclaims of third-party types outside the case,and counterclaims between co defendants.After analyzing the counterclaims between co defendants,it is concluded that counterclaims between co defendants are not suitable for judicial practice in China.The fifth part is about the situation of the scope of counterclaim parties after the proposed expansion: the counterclaim filed by the defendant to the plaintiff;The defendant and a third party outside the case who are related to the case file a counterclaim with the plaintiff of this action as the co plaintiff of the counterclaim;The defendant of this lawsuit filed a counterclaim against the plaintiff of this lawsuit and a third party related to the case;A third party,as a counterclaim plaintiff,files a counterclaim against the plaintiff and the defendant of this action;The plaintiff and the defendant of this lawsuit file counterclaims with a third party with independent claims.