作为一名法官，笔者在审判实践中也发现这样一种现象：很多当事人在实体权利上寸土不让，但在诉讼程序中却自觉不自觉地忽视和放弃了一些宝贵的诉权，结果得不偿失，“捡了芝麻，丢了西瓜”。反诉：变被动为主动。很多人认为当被告便只能被动应付，其实不然。作为被告，反诉就 As a judge, I also found in the trial practice such a phenomenon: many of the parties in the substantive rights of the soil, but in the proceedings are consciously or unconsciously ignoring and giving up some valuable litigation, the result is worth the candle, “ Penny wise and pound-foolish”. Counterclaim: change from passive to active. Many people think that when the defendant can only be passive, it is not. As a defendant, counterclaim