反诉是民事诉讼中一项重要的诉讼制度,而我国民事诉讼法对反诉几乎没有作任何明确具体的规定。现有的理论及立法很难适应有关诉讼实践的需要。因此有必要对我国反诉理论及立法进一步完善,将国外反诉不牵连理论、当事人扩张理论、等先进的理论引入我国并加以整合。 Counterclaims are an important litigation system in civil litigation. However, there are hardly any specific and specific provisions on counterclaims in our Civil Procedure Law. Existing theories and legislation are difficult to adapt to the needs of litigation practice. Therefore, it is necessary to further improve the counterclaim theory and legislation in our country, introduce the advanced theory of foreign counterclaim theory, party expansion theory into our country and integrate it.