论文部分内容阅读
依传统的大陆法系的观点,附带上诉包括独立的附带上诉和非独立的附带上诉两种类型,笔者主张应废除附带上诉制度中的独立附带上诉,将其确立为附带之诉,使其名实相符。同时认为附带上诉是被上诉人和一审中其他当事人依附于上诉人的上诉程序提出利己的权利主张。
According to the traditional civil law system, the incidental appeals include two types of independent incidental appeals and non-independent incidental appeals. The author argues that the independent incidental appeals in the incidental appeals system should be abolished and be established as incidental suits so that their names Really match. At the same time, it is considered that the incidental appeals are the claim of self-interest by the appellant and the other parties in the first instance attached to appellant’s appeal procedure.