The Study On Operating Obstacles Of Chinese Civil Counterclaim System And Its Countermeasures

Along with the deepening reform of economic system of our country, the civil legal relationship between the civil main body exists the phenomenon of cross correlation, More and more related counterclaim cases appear at the same time.However, the existing counterclaim theoretical research, the existing legislation and the mechanism of trial management have many questions. All these problems restrict the counter suit system play its value.In order to ensure the normal operation of the counterclaim system in our country,it is necessary to rethink the counterclaim theory and the perfection of legislation.Besides introduction and conclusion, this paper has three chapters, which were closely discuss about the operating Obstacles of the counter suit system and its solution.In practical terms, the main content of every part is as follows:The introduction outlines the concept of counterclaim system and confirmed the legislative value of counterclaim system.Besides,through put forward a related case,the paper raises its thesis and briefly stated the significance of this topic at this part.Through enumerated instances,the first chapter of the paper reflect the main operation obstacles of the counter suit system.And then it classifies the above-mentioned operation obstacles into three types and expounds the canker for the the above-mentioned operation obstacles.This paper will analysis the the cause of the above-mentioned operation obstacles from three point of view:the current situation of legislation in China, theoretical research and the mechanism of trial management In the second chapter.In order to eliminate the obstacles,the third chapter of this paper will puts forward some measures from three perspectives,which are consummating our country legislation and eliminating the theory barriers, build counterclaim application and puts forward some measures for the reform related security system.