我国实行两审终审制度。诉讼法对上诉、上诉期以及撤回上诉作了明确的规定。但是,对一审判决在上诉期内的效力、上诉后到二审裁判前这一时间段内一审判决的效力、以及在上诉期内撤回上诉后能否再次上诉等问题没有明确规定。笔者在此仅做理论上的初步探讨。 China’s implementation of two trial system. The law of procedure makes clear the appeals, the period of appeal and the withdrawal of appeals. However, the validity of the verdict of the first instance during the appeal period, the validity of the verdict of the first instance during the period from the appeal to the second trial before the appeal, and whether the appeal can be resumed after the appeal is withdrawn during the appeal period are not clearly defined. I only do theoretical preliminary discussion here.