Counterclaim System

Counterclaim system comes of counteract deraignment in ancient Roma about 1300 years ago, which develops with Italian theories. Today, as known to all, counterclaim system has become one of the most important parts in civil action. Compared with the western developed countries, of which legal systems are as well advanced, Chinese counterclaim system is far from to get systemic and mature. In one hand, the related statues is rather principled and as a result, cannot be fully understood; in the other hand, these statues which can be seen in different parts of different codes, is always blamed for its unstructured system. Meanwhile, as the academia, which always have different opinions of a single problem, fails to get certain problems concluded, the judges are not restricted to a settled standards, and special values of counterclaim system cannot be well realized.The author would clarify the four parts of counterclaim system's value, use the history of the system as a source of reference, get clear the current legal situation of varies of western countries, in order to get some useful information for the completion of Chinese counterclaim systems.Part one:concepts and history of counterclaim. With principle opinions of counterclaim concluded, the thesis would give the concept preferred, which the analysis of similar points follows. The development during more than 1300 years will reflect the important changes of related logos, which is also helpful to show the values the counterclaim system of the time.Part two:values of counterclaim. As a matter of fact, the nowadays counterclaim system has developed much since the foundation, more and more social values have been realized, which The word "economic civil actions" is hard to cover. The author would prefer the conclusion that to raise the procedural benefits, to get rid of contradict judges, to guarantee the equality of just claim, and to help relieve of the difficulty of legal execution are important parts of the counterclaim system. Part three: several points similar with counterclaim. The unique characters of counterclaim will be shown in this part.Part three:different counterclaim institutions of western countries. The author would fist like to conclude the present legal situations of the different western countries, followed the basic senses of worth of them.Part four:the completions of the system. The author thinks that in order to complete the counterclaim system, the followed basic questions should be clarified, which covers the implicated character, the institution of counterclaim, counter-counterclaim and the application of counterclaim in the second instance.