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反诉是民事诉讼中一项重要的诉讼制度,为各国的民事立法所重视。然而我国,在立法未予以重视情况下,反诉制度在实践中遭遇着种种的阻碍,并未能真正体现出反诉制度应有的价值。本文旨在对我国反诉制度在实践中遭遇阻碍的原因进行探讨,并对如何消除这些障碍,完善我国反诉制度提出意见。
Counterclaims are an important litigation system in civil litigation and are valued by civil legislation in all countries. However, in our country, when the legislation is not paid enough attention, the counterclaim system has encountered various obstacles in practice and failed to truly reflect the value of the counterclaim system. The purpose of this paper is to discuss the reasons why China’s counterclaim system has been hindered in practice, and to put forward opinions on how to eliminate these obstacles and perfect our counterclaim system.