司法实践中对诉讼标的是同一种类,人民法院合并审理作出判决,一方部分当事人提出上诉时,其判决的效力及如何执行存在着分歧意见。(一)判决没有生效,不可以先执行。理由是:在群体(共同)诉讼中,一方部分当事人已提起上诉,引起了二审程序的开始,一审判决就没有生效。二审法院对其判决既可能维持,也可能撤销或改判。因此自然谈不上对一审判决的执行问题。 In judicial practice, the subject matter of litigation is the same type. When the people’s court jointly adjudicates and makes decisions, part of the parties appealing the appeal and the effectiveness of the verdict and how to implement the disagreement exist. (A) the verdict did not take effect, can not be implemented first. The reason is: In the group (common) litigation, the appeal has been filed by some parties of one party, which has given rise to the commencement of the second instance trial and the first instance verdict has not taken effect. The court of second instance may or may not rescind his sentence. Therefore, it is natural to say nothing about the enforcement of the judgment of the first instance.