Research On The Counterclaim System

Today,with the rapid development of economic life,civil and commercial disputes have become more complicated and diverse.The counterclaim system,which originated from the civil law system of Roman law,occupies an important position in the civil litigation system with its unique value of balancing fairness and efficiency and one-time dispute resolution.Regarding the discussion of the counterclaim system,both the theoretical and practical circles have received much attention.At present,China's legislative provisions on the counterclaim system are simple,and the relevant theoretical views of the counterclaim system are still controversial.In practice,the counterclaim system is not suitable for operation,and the counterclaim system is not well operated.This paper starts with the status quo of China's counterclaim system,finds the problems in the operation of the counterclaim system and proposes perfect measures.At present,the counterclaim system has problems in the legislation and the procedures are not clear,and the relief mechanism in the operation of the counterclaim system is still not perfect.These shortcomings have a negative impact on the full play of the function and value of the counterclaim system.Therefore,further clarifying the applicable conditions of the counterclaim,regulating the relevant procedural provisions of the counterclaim,and improving the remedy guarantee mechanism of the counterclaim are of great significance to the operation and development of the counterclaim system.