附带上诉是被上诉人扩大上诉裁判范围的方式,是法官遵守利益变更禁止理论的路径。把附带上诉定性为“非上诉说”的观点,认为附带上诉是诉的变更、追加或提起反诉的载体;把附带上诉定性为“上诉说”的观点,认为只须他方当事人同意或有法律规定的情形出现,就可以于第二审为诉的变更、追加或反诉,无须藉附带上诉之方式行之。一审原告在二审中撤回全部起诉,附带上诉因起诉全部撤回而失效;一审原告在二审中撤回部分起诉和减缩起诉,附带上诉是否存在,应视撤回起诉和减缩起诉与上诉的关系而定。附带上诉对一审判决生效时间的影响,则显示出复杂化的特征。 Incidental appeals are the way in which appellee expands the scope of the appellate judgment and is the way for judges to abide by the theory of prohibition of changes in interests. The concept of incidental appeals as “non-appellate theory” suggests that the appendant appeals to change, append or file a counterclaim; the concept of collateralized appeals as “appellate doctrine” states that consent is only required from the other party Or where there is a law, the change, append or counterclaim appealing in the second instance may be dispensed with, without the need of an appendix. The first instance plaintiff withdrew all the suits in the second instance and the accompanying appeal lapsed due to the full withdrawal of the suits. In the second instance, the plaintiffs withdrew part of the suits and reduced the suits and appealed the existence of the suits. It should depend on the withdrawal of suits and the reduction of the relationship between suits and appeals. The impact of incidental appeals on the first instance trial’s entry into force shows a more complex character.