Compulsory Counterclaim System

The compulsory counterclaim system is a special system in American civil procedure. Legal provisions that at the request of the defendant in this appeal must be filed in the manner proposed, and not a separate lawsuit against the other. The compulsory counterclaim has the advantage of incorporating and solving the correlative disputes. It contains a civil procedural fairness, efficiency and effectiveness of the fundamental value of the equal protection of the rights of the parties, to prevent the occurrence of conflicts judgments and save litigation costs. Since our civil procedure theoretical field on the counterclaim system did not reach many theoretical issues of unanimity, and the legislation on the counterclaim system was too simple and scattered, thus affecting the counterclaim's practice of correct application in the judicial system, let alone exists the system of compulsory counterclaims. This also caused disruption of counterclaims function and inability to perform their proper function and value. So we need to improve the system of counterclaim.This paper analyses and researches the United States' system of compulsory counterclaim on theoretical and practical operational issues. In light of our counterclaim system, we need to analysis the inadequate of the counterclaim system. In comparison of the American's provisions on compulsory counterclaims system, I have proposed the establishment of the system of compulsory counterclaims to improve our counterclaim system and to achieve fairness and effective.