本文从历史渊源的角度剖析反诉制度,从实践的现状观察反诉制度在操作时存在的瑕疵,为完善反诉制度找到理论依据,以理论推动实践的改革与进步。本文就是以本诉和反诉之间的牵连关系为突破口,重塑反诉制度。 This paper analyzes the counterclaim system from the perspective of history, observes the flaws existing in the counterclaim system during its operation from the status quo of practice, finds a theoretical basis for perfecting the counterclaim system, and promotes the reform and progress of practice with the theory. This article is based on the implicated relationship between the prosecution and the counterclaim as a breakthrough to reshape the counterclaim system.