| At present,with the continuous advancement of the construction of a society ruled by law,the public’s legal concept is gradually enhanced,and legal literacy is continuously improved.In the process of diversified and complex disputes,litigation channels are increasingly becoming the primary choice.As an important system in civil litigation,compulsory counterclaim has strong practicality.Based on the principle of "one-time dispute resolution",it has the functions of quickly resolving disputes,realizing the economics of litigation,preventing contradictions,and promoting judicial justice.With the development of social economy and the advancement of science and technology,social contradictions generally increase,and the pressure of courts to handle cases is increasing.The demand for rapid handling of disputes in judicial practice is becoming stronger and stronger,and the mandatory counterclaim system can just meet the judicial Practice needs.This article is devoted to the study of compulsory counterclaims.Apart from the introduction and conclusion,there are four chapters:The first chapter focuses on the basic theoretical research of compulsory counterclaims.Through a comparative study with counterclaims,it analyzes the specific connotation of compulsory counterclaims,on this basis,it further studies the specific functions of compulsory counterclaims in the litigation process and analyzes the necessity of establishing the system At the same time,it analyzes its legitimacy from the three principles of "indirect prohibition of estoppel" and lays a theoretical foundation for the research content of the article.Chapter Ⅱ comprehensively analyzes the counterclaim system in the existing legal system,starting with the historical origin and development status of the system,exploring its shortcomings in theoretical research and judicial practice,and in-depth analysis of the root causes of defects and China ’s failure to treat There are many reasons why the system is established in the civil litigation system.The third chapter takes the United States with a relatively complete compulsory counterclaim system as the research object,explores the establishment background of the system,determines the recognition standard and operating environment of the compulsory counterclaim,and conducts system evaluation on this basis,and analyzes its value and worth learning.The fourth chapter is the conclusion part of the article.Based on the research in the first three chapters,it explores the specific construction of the compulsory counterclaim system in China,analyzes the significance and feasibility of the establishment of the system in China.The handling and re-counting in China clearly clarify the specific construction of the system. |
