To Meet The Needs Of Society To Perfect Chinese Civil Countercalim System

Countersuit system is an important civil litigation system, and in the national lawsuit system is very important, because our country legal system construction history is very short, all kinds of legal system is not perfect, especially civil countersuit system, the traditional judicial habits and "socialist litigation mode" powers influence, especially in our country should not, and no matter the attention from the legislation and judicial practice, also or theory research are weak, cannot fully embody the intrinsic value of the countersuit system and social function. This article in view of China's law of realistic problem, according to find existing problems and causes, the author puts forward some Suggestions of the ideas discussed system countersuit system in our country should be paid attention to in the construction and improvement of several aspects of the problem.This paper main content:The first part:from the Angle of realistic search hinder the our country law construction counterclaim and perfect main reason, mainly from the theoretical research, legislation, judicial practice view. SearchPart 2:in search of problems, based on theory, legislation and judicial from analyzes our country civil counterclaim produce the root of the problem lies.Part 3:according to the present situation of our country, the system of counterclaim illustrates the principle of civil countersuit system build, guiding ideology and from substance to clarify program:an method to establish the problems should be paid attention to, including the determination of the litigant, jurisdiction, with this lawsuit counterclaim relationship, and in a counterclaim, forced a counterclaim, abuse of power generation counterclaim problems such as punishment...