Counterclaim refers to an independent counterclaim related to this lawsuit filed by the defendant in this lawsuit with the plaintiff as the defendant in the civil lawsuit that has already started (called this lawsuit in procedural law). I. Provisions of the Civil Procedure Law on Counterclaim Article 51 The plaintiff may waive or change his claim. The defendant may admit or refute the claim and has the right to file a counterclaim. Article 59 To entrust another person to represent the lawsuit, a power of attorney signed or sealed by the client must be submitted to the people's court. The power of attorney must specify the entrusted matters and authority. An agent ad litem must have the special authorization of the client, and can admit, waive or change the claim, make a settlement, file a counterclaim or appeal on his behalf. Article 140 If the plaintiff adds a claim, the defendant makes a counterclaim, and a third party makes a claim related to this case, they may be tried together. Article 143 If the plaintiff refuses to appear in court without justifiable reasons after being summoned by a summons, or withdraws from court without the permission of the court, it may be treated as withdrawing the lawsuit; If the defendant counterclaims, he may make a judgment by default. Second, the detailed difference between counterclaim and rebuttal 1. Counterclaims of different natures are lawsuits filed by the defendant against the plaintiff himself, and they are independent lawsuits with the nature of litigation. Refutation is only a litigation means for the defendant to refute the plaintiff, not an independent lawsuit, and has no litigation nature. The premise of counterclaim is to admit the existence of this lawsuit, and the defendant does not deny the plaintiff's claim. The basis of rebuttal is to deny part or all of the plaintiff's claim. 3. Different purposes The purpose of the defendant's counterclaim is not only to offset, annex and repel the plaintiff's claim, so that the plaintiff in this lawsuit loses the case, but also to make an independent counterclaim against the plaintiff in this lawsuit and claim the right of independence. The purpose of rebuttal is only to deny the plaintiff's claim, and there is no independent claim. Iii. Several types of cases to which counterclaims are not applicable 1. Counterclaim does not apply to litigation cases without defendant qualification. In the process of civil litigation, different litigation procedures have different names for the parties. 2. Counterclaims are not applicable to cases that are tried by special procedures in accordance with the law. Special procedure is a kind of civil trial procedure, which is suitable for people's courts to try special cases. 3. Counterclaim does not apply to some personal rights cases based on marriage and family relations. 4. Counterclaim does not apply to cases of maintenance, support and upbringing. 5. According to the provisions of the Criminal Procedure Law, the defendant or his legal representative can file a counterclaim against the private prosecutor in the proceedings, for cases that are handled only after being informed and minor criminal cases that the victim has evidence to prove. The right of counterclaim is an important embodiment of the principle of equal legal status of the parties, an important right enjoyed by the defendant in this lawsuit, and an important system to protect the civil rights and interests of the defendant in this lawsuit.

Legal objectivity:

Article 71 Evidence shall be presented in court and cross-examined by the parties. Evidence involving state secrets, commercial secrets and personal privacy shall be kept confidential. If it needs to be presented in court, it may not be presented publicly. Article 70 The people's court has the right to investigate and collect evidence from relevant units and individuals, and the relevant units and individuals may not refuse. The people's court shall distinguish the authenticity of the documents submitted by the relevant units and individuals, and examine and determine their validity.