Study On The Scope Expansion Of Counterclaim Defendant

Counterclaim system is an important system in civil action,which plays an important role in safeguarding the legitimate rights and interests of litigants.However,there are still some shortcomings in the legislative and theoretical research of the counterclaim system in our country,and this paper intends to make an in-depth study on the scope of the counterclaim defendant in the counterclaim system.As the main body of the counterclaim,the definition of the scope of the counterclaim plays an important role in playing the counterclaim system to improve the litigation efficiency,realize the litigation economy and prevent the contradictory function of the referee.The first paragraph of the No.233 article of the interpretation of civil prosecution law in our country strictly restricts the parties to the counterclaim to the litigants,that is,the practice of limiting the scope of the counterclaim to the plaintiff is not conducive to the equal protection of the parties counterclaim rights and the realization of the independence of the counterclaim does not meet the requirements of a one-time dispute resolution.Through concrete practical cases,this paper reveals the present situation of legislation and judicature in the scope of anti-suit defendants in China,analyzing the problems existing in the scope of anti-suit defendants in China and their causes,and seeking the possibility of the expansion of the scope of the defendant in China by examining the experience and principles of the scope of the defendants in the extraterritorial counterclaim.And combined with the actual situation of our country to define the specific scope of expansion to provide a reference for the improvement of the scope of the defendant's counterclaim in China.