The Research Of Cross-Claim

Crossclaim system is the formal requirements of co-party proceedings, which based on the theory of Complain and Joinder. It is to achieve cross-claim between the parties be heard in the same judicial proceedings together with the appeal, to promote fairness and efficiency in the civil action, and to realize the value of ensuring fairness and justice.The author, firstly, define and Analysis the theory of cross action, find the theory fulcrum, value analysis of cross action pursuit, more from the structure of the model of cross action, to get a comprehensive understanding of cross claim. Then extend the view abroad, understanding the crossclaim is based on the Principle of One-off Solution in Civil Procedures of the United States, the parties and the demand theory, and the program regulation used in the judicatory, then we found its inspiration in improving our crossclaim and related system and references; The author, firstly, define and Analysis the theory of cross action, find the theory fulcrum, value analysis of cross action pursuit, more from the structure of the model of cross action, to get a comprehensive understanding of cross claim.To extend the view abroad, understanding the crossclaim based on the Principle of One-off Solution in Civil Procedures of the United States, the parties and the demand theory, and the program regulation used in the judicatory, found its inspiration in improving our crossclaim and related system and references;The author, Secondly, starting from the real case, we get a comprehensive analysis of confusion and deficiencies in the system of "case" trial met. Found that necessity which is from one-time dispute resolution, then thinking about how to guarantee the realization of the system in the same dispute settlement proceedings. Then I examine the status quo of China’s legislature, which is the only procedural safeguard our part-time dispute resolution, such as the joint action, the third party system and counterclaims. Where the shortfall-Cross lawsuit, the law also has a preliminary exploration can be clearly defined "in conjunction with the decision," but which does not specify complaint and appeal procedures. From the second part of the study, I believe that the necessity and feasibility of establishing a cross-action have been met. Finally, I suggest that on the basis of the majority of the party system in our country improving the system of appeals. Meanwhile, in the cross-action legislation which should be refined elements of cross-entity litigation, standardized cross-litigation procedural requirements, the system itself should be more likely to pay attention to the problems.