论我国反诉制度的完善-诉讼法学专业论文.docxVIP

PAGE PAGE 3 Abstract As an important system in civil action, counterclaim system has been prescribed by modern legal states in legislations of civil procedure, which has its unique value. However, our country’s legislation of counterclaim system is not enough counter and many other questions which demonstrate the need to improve the counterclaim system. This article taking , On the consummation of our country’s civil counterclaim as a topic, utilizing such comparison as well as diagnosis and so on，makes a comprehensive research on the counterclaim system from each aspect , with a view to improving our country’s counterclaim system . Except for the introduction and conclusion，this article has four Major Parts. The first part is on the general inspection of counterclaim system. In this part, author analysis various theory of the counterclaim connotation, and consider that the connotation of counterclaim is the defendant against the plaintiff for the request of an independent claim procedure in this lawsuit; And set forth indivisibility of counterclaims, I think, indivisibility is the substance conditions of counterclaims, and indivisibility the should be as the core element of counterclaim, which involved the cause of action at law or in fact with the subject of the appeal proceedings and involved with the methods of defense ; Finally author analysis the function of modern counterclaim system, such as equal avoiding contradict adjudication， promoting friendly resolution of dispute and supplying equal protection of the parties and so on. The second part is comparison of Counterclaim System in the two families of law. Firstly, author card and compare the Counterclaim System for the typical of common law countries of United Kingdom and the United States; and card and compare the Counterclaim System for the typical of Civil law countries of Germany and Japan; finally, through a comparative analysis of the country counterclaim of two families of law, autho