离婚诉讼之反诉初探

Counterdlarge against Divorce Litigation

反诉制度在我国诉讼理论及实践中尚不完善,而对于其一分支离婚诉讼的反诉则更属空白地带,本文从诉权、诉 讼标的、反诉的理论构成及司法实务方面阐述了设立离婚诉讼的必要,并在此基础上提出了一些完善设想。

Countercharge system is far from perfection in our litigation theory and practice, esp. one aspect of it--countercharge against divorce litigation. By discussing the necessity of setting up countercharge against divorce litigation based on litigation right, litigation target, the theory of countercharge and judicial business, the article points out some views of improvement about it.