In perspective of what it should be and in terms of advantage and disadvantage of two model countervailing litigation,counterclaim-model countervailing litigation is our reasonable choice.

• 以实然的诉讼制度为基点,考量两种模式的抵销诉讼的优劣,反诉模式的抵销诉讼成为我国制度建构的理性选择。