The Construction of Civil Re-counterclaim System in China
The issue of re-counterclaim of counterclaim is a controversial topic in the civil counterclaim system.To address this issue,this part takes the difficulties faced in China's judicial practice as starting point,leading to the question of whether China should establish a re-counterclaim system,followed by a detailed explanation of the theoretical cornerstones of the re-counterclaim system.Immediately after that comes the detailed introduction of the relevant countries and regions counterclaim plaintiffs on the counterclaims of the response mode.Through the above analysis,the author believes that our country has the establishment of the counterclaim system legislation and judicial practice,because the establishment of the civil counterclaim system in our country is an effective way to achieve the purpose of the civil counterclaim system,and is inherent basic requirements of the development trend of counterclaim theory and judiciary.Finally,it puts forward reasonable suggestions combined with China's civil counterclaim legislation and judicial practice for the construction of China's re-counterclaim system,focusing on the scope of the re-counterclaim parties,the re-counterclaim of the determination of the implication of the re-counterclaim,whether the re-counterclaim can be filed again and other difficult issues.
re-counterclaimimplacabilityexpansion of partieschange of litigationmode
万方数据
维普
