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反诉状,有刑事反诉状和民事反诉状。是指刑事自诉案件中的被告人和民事诉讼中的被告,为了维护自身的合法权益,就与本诉有内在联系的事由,向本诉中的原告和自诉人提出独立的诉讼请求,要求法院将本诉与反诉一并审理时所制的文书。刑事反诉状与民事反诉状在制作依据、特征及制作方法上既有联系又有区别。一、制作依据和特征制作刑事反诉状的依据是刑事诉讼法第173条之规定,自诉案件的被告人在诉讼过程中,可以对自诉人提起反诉,反诉适用自诉的规定。最高人
Counterclaims, criminal counterclaims and civil counterclaims. Refers to the defendants in criminal private prosecution cases and the defendants in civil lawsuits. In order to safeguard their own legitimate rights and interests, they filed an independent claim against the plaintiff and the private prosecutor in this lawsuit on the ground of inherent connection with this lawsuit, asking the court The lawsuit and counterclaim when the hearing of the instruments. Criminal counterclaims and civil counterclaims are linked and differentiated on the basis of their production, characteristics and production methods. I. Basis and Features of Making According to Article 173 of the Code of Criminal Procedure, the basis for making a criminal counterclaim is that the defendant in a private prosecution case may file a counterclaim against the private prosecutor and counterclaim the applicable private prosecution in the course of the proceedings. Supreme