Research on the Civil Counterclaim from the Perspective of Comparative Law;

The distinction between rebutment and countercharge in different cases;

Although the countercharge system of the legislative stipulation of our country has been established, the content is simple and lacks practice operation, there are many different explanations of countercharge system .

The countercharge, an important system in the civil action, is a basic litigious right the defendant has.

The countersuit system is an important system in modern civil lawsuit,it can avoid producing mutually contradictory decision, equally protects both parties legitimate rights and interests , shows lawsuit fair; Moreover can raise the lawsuit benefit.

The criminal counterclaims system is stipulated in criminal procedure law in many countries and regions of the civil law system in some way,especially Germany and China s Taiwan region have the most explicit legislation.

Under the background of modification of criminal law at present,the issue of establishing criminal counterclaim system in China shall be considered seriously.