反诉是一项重要的民事诉讼制度,它能够避免产生相互矛盾的判决,平等地保护双方当事人的合法权益,彰显诉讼公正;而且能提高诉讼效益。我国反诉制度失衡现状的考察集中分为两部分:起诉与反诉制度性规范的失衡的考察,法官审判权与当事人反诉权的失衡的考察。 Counterclaim is an important system of civil litigation, which can avoid conflicting judgments, protect the legitimate rights and interests of both parties equally, demonstrate the fairness of litigation, and can improve the litigation benefit. The investigation on the current imbalance of counterclaim system in our country is divided into two parts: an investigation on the imbalance of the normative norms of prosecution and counterclaims; an investigation of the imbalance between the judicial power of judge and the counterclaim of litigant.