反诉类型化研究

随着现代经济分析法学的兴起,法律效益性价值逐渐受到人们关注,人们也开始重视程序经济问题.现行民事诉讼法反诉制度的规定条文少,比较原则、简单,反诉的相关程序问题均未作出明确的规定,反诉制度未能真正发挥其应有作用.反诉制度的类型化可以更加平等的保护各方当事人的合法权益,有效避免法院就相互有密切联系的诉作出相互矛盾的判决.同时可以实现诉讼经济、维护司法权威.

The necessary research of counteraccusation classification

Along with starting of modern economic analysis legal science,the belificial result value of legal was pain attention by people gradually.The people also start to attach important to the problem of procedure economic.The counteraccusation system was wery few,comparative principle and simple in present civil procedure law.The related to precdure problem of counteraccusation has not stipulated.The counteraccusation system has not been able to display its real function that should have.The classification of counteraccusation system may protect all quarters litigant's legitimate rights and interests equally and betterly,in order to avoid the court makes the mutually contradictory decision about the close relation to mutually of sue effectively.At the same time may realize the lawsuit economy and maintain the judicature authority.