On The Essential Elements Of A Civil Counterclaim

With the deepening of reform and opening up,the overlapping of the civil legal relationship between the civil subjects becomes ever prominent.Counterclaim,as an important system in modern civil lawsuit,in judicial practice is widely used,the presence of the counterclaim in same case increased.However,the counterclaim system throughout China's laws and regulations indicate that the counterclaim system still exist problems of legislation is too simple and standard is not unified,poor maneuverability,especially,the case acceptance conditions are not specific,resulting in the confusion of judicial practice,which is contrary to the original intention of the counterclaim system.The article starts from specific cases and summed up a series of problems in the acceptance of civil counterclaim case,as well as the confusion that caused to the judicial personnel;then the provisions of the counterclaim system is analyzed from the current legislation and the theoretical research and judicial practice in three aspects.And finally,put forward the corresponding legislative proposals according to the relevant provisions of the statutory conditions at home and abroad,strive to continuously improve the counterclaim system in the legislation,which enable the judicial practice more operational.