Rearch On Compulsory Counterclaim System

The right of the defendant’s counterclaim is infringed upon frequently in recent years, while their civil rights are violated too to some extent. The main reason defendant’s counterclaim is China’s lack of legislation, With the development of our national economy, the number of cases are increasing, The counterclaim system doesn’t match the development of the times more and more.At the same time, the compulsory counterclaim system originated from the United States is keeping pace with the times. improving the efficiency of litigation, realizing litigation economy, and the countries of continental law system integrates with the Countries of Anglo-American law system on the counterclaim system requirements,and learn it from each other gradually. Although the national policies are different,it has played a certain role in saving litigation resources, enhancing the lawsuit efficiency. In our current system of counterclaim, although making the relevant provisions in the legislation, it also has its own limitations.It is not enough on the protection of the interests of parties.In view of this, this article puts forward some suggestions about the compulsory counterclaim system construction in China using the method of theory analysis after analysing the present situation of Chinese counterclaim system, comprehensively studing about the state of the corresponding system.This paper is mainly divided into four parts, the first part of the compulsory counterclaim system basic theory to summarize, mainly introduces the meaning of the compulsory counterclaim system, implication, characteristics.At the same time the compulsory counterclaim system based on the theory of various theories are summarized.The second part mainly introduces the foreign countries about the compulsory counterclaim system of legislation, such as the United States, Britain, France and Germany compulsory counterclaim system, pointed out when our country draw on the experience abroad, we should pay attention to the issues and problems. The third part mainly analyzed the counterclaim system theory and practice of china,and point out great significance to construct the compulsory counterclaim system. The fourth part,firstly analyzed the relationship between the counterclaim system and the compulsory counterclaim system, special the compulsory counterclaim system have the function of perfected the Chinese counterclaim,then put forward some concrete suggestions,when our country establishment of compulsory counterclaim system.Mainly included substantial requirements and procedural requirements of the compulsory counterclaim. inside procedural elements included main body, time, jurisdiction of the compulsory counterclaim. Then it analyzes the procedure of second instance in the compulsory counterclaim question.Last point out the required procedural safeguards in the construction of our country’s compulsory counterclaim system.