(58)在第二审程序中是否准许提起反诉?第二审对反诉如何进行审理? 根据我国民事诉讼法(试行)的规定,被告有权提起反诉,人民法院可以将反诉与本诉合并进行审理,但是作为反诉,必须具备一定条件,这就是反诉必须是在诉讼程序的进行中,在本诉的当事人之间提起;反诉与本诉有着法律关系上或者事实上的联系;反诉是被告为了 (58) Whether to allow the counterclaim in the second instance? How to deal with the counterclaim in the second instance? According to the provisions of the Civil Procedure Law of China (Trial), the defendant has the right to file a counterclaim and the people’s court may merge the counterclaim with the lawsuit However, as a counterclaim, certain conditions must be met, that is, the counterclaim must be lodged between the parties involved in the proceeding during the proceeding of the proceeding; the counterclaim has a legal or factual connection with the lawsuit; the counterclaim is the defendant in order