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反诉制度从实效性的角度具有一般诉讼所欠缺的经济效率的内核,其制度的内在逻辑本质就在于效率价值的选定。但是综观我国民事诉讼法的规定,对反诉适用范围的界定显得过于狭窄和简单,扩大其界限显得尤为必要。本文在比较研究了域外相关法律之后,对适合我国国情的部分进行借鉴与吸收,并对扩大完善我国的民事诉讼法的反诉界限提出了相关建议。
The counterclaim system has the core of economic efficiency which is lacking in the general lawsuit from the practical point of view. The inherent logic essence of the system lies in the selection of the efficiency value. However, when we look at the provisions of the Civil Procedure Law in our country, the definition of the scope of counterclaims appears to be too narrow and simple. It is especially necessary to expand the boundaries. After comparatively studying the extraterritorial relevant laws, this article draws lessons from and absorbs the part that suits our national conditions, and puts forward some suggestions to expand and improve the counterclaim of civil procedural law in our country.