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On the counterclaim civil appellate system

Author: YaoYao
Tutor: TanQiuGui
School: China University of Political Science
Course: Legal
Keywords: Appellate Counterclaim Disposition Program Trial level benefits
CLC: D925.1
Type: Master's thesis
Year: 2011
Downloads: 53
Quote: 0
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Abstract


Counterclaim system has evolved , allowing the appellate proceedings filed a counterclaim , not only with respect for the right to choose the program 's performance , but also to improve program effectiveness , balancing the interests of both parties and to avoid waste of judicial resources have underestimated the role. Representatives of civil law countries, France, Germany, Japan, and China's Taiwan region are provisions in the legislation can be reviewed on appeal filed a counterclaim , the trial and on appeal filed a counterclaim in the condition to make a further requirements . However, because our theoretical circles in the counterclaim appellate system is not enough emphasis , plus has been in judicial practice in China since the parties during the procedure compared disregard option , judicial workers and the resulting self-confident enough parties to justice who do not trust the system in our country has not been much development. Specific performance whether our legislation allows the appellate proceedings and filed a counterclaim filed in the appellate proceedings the specific operational requirements counterclaim was too brief , unable to adapt to the needs of the current judicial practice . This paper describes an appeal from the trial of the counterclaim system concepts and values ​​about to start , through to the counterclaim of the appellate system status and causes are analyzed and compared with other countries in the appeal trial of the counterclaim system , based on how Construction of the appeal trial of the counterclaim system put forward their views and opinions . Besides the introduction and conclusion is divided into four parts: The first part of the first analyzes of the counterclaim appellate concept , then the counterclaim appellate comparative analysis with the incidental appeal , followed by the appellate functions of the counterclaim introduction , to show the appellate system in the presence of base counterclaim . The second part describes the current legal norms of the counterclaim for appellate rejection status , and on the basis of analysis of the appellate counterclaim system in the absence of reason , and then further elaborated appellate system in the absence of a counterclaim brought by issue. The third part through France, Germany, Japan, Taiwan, China and other countries and regions in the counterclaim system appeals comparative analysis, summed up the common experience of all countries with reference to time in our build system have reference . The fourth part of the application of the system for the status quo of the counterclaim , the legislation presented to the appellate level, the counterclaim system improvement ideas. Interlocutory appeal in detail the conditions for admissibility of a counterclaim , and how to build a system with the referee hearing the details .

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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