Counterclaim System

The counterclaim system is an important system in civil procedure. The counterclaim system has the advantage of incorporating and solving the correlative disputes. There are different opinions about how to fully develop the advantage so that the correlative disputes can be solved efficiently. The Anglo-American genealogy of law actively outspreads the function of the counterclaim system to settle all the correlative disputes, but the continental genealogy of law has negative attitude on this aspect. Actually it fundamentally forbids outspreading the function of the counterclaim system. Therefore, the two genealogies of law have formed different counterclaim systems. The counterclaim system also exists in Chinese civil procedural law. However, the content of the rule is brief and rough, lacks of feasibility. On the basis of the comparison of the counterclaim system between the two genealogies of law ,this article analyses the shortcoming of Chinese counterclaim system, and probes the critical problems in theory and practice of it comprehensively in order to improve Chinese counterclaim system.This article is divided into four parts. The first part introduces the connotation and nature of the counterclaim system, analyses the fundamental theory of it namely the merger of suit, and summarize the value which counterclaim system itself was in sole possession of. The second part has evaluated the two families of law on the basis of rules of these countries including the England, America, Germany, Japan, French, etc. The third part deeply studies the characteristics and cause of the two genealogies of law, and deeply analyses the advantages and disadvantages of the two genealogies of law. The fourth part is the improvement of Chinese counterclaim system. The purpose of the comparison is introducing the essence of other counterclaim systems into Chinese civil procedural law. In view of this ,the fourth part also is a key point in the whole. The author seeks through the valuable and useful theories and rules from comparison ,and propose some advice on establishing the concrete rules. By this way, we can improve our Chinese counterclaim system, realizes the fairness and benefit of lawsuit.