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附带上诉制度在传统大陆法系国家几经变革日臻成熟。传统的大陆法系国家及我国台湾、澳门地区民事诉讼均有附带上诉制度。大陆法系国家对附带上诉制度规定不一,但基本原则相同。各国依据本国国情,制定符合自身的附带民事制度。近些年,二审法院案件数量有增无减,人民群众对诉权的要求有更进一步的提高。附带上诉制度本身就是诉权处分的延伸。附带上诉让处于弱势的一方有防御的盾牌。作者撰写此文之目的,就是认为附带上诉制度对缓解现阶段案件压力重,信访、上访等社会矛盾。构建我国的附带上诉制度,从制度上解决群众困难,也是和谐社会的需求。
Incidental appeals system in the traditional civil law countries after several changes mature. Traditional civil law countries and our country Taiwan, Macao civil litigation have appendices system. Civil law countries have different provisions on incidental appeals system, but the basic principles are the same. In accordance with their own national conditions, all countries formulate their own incidental civil systems. In recent years, the number of court cases in the court of second instance has been steadily increasing, and people’s demand for the right to appeal has been further enhanced. The incidental appeals system itself is an extension of the right to action. Append an appeal to defensive shields on the weaker side. The purpose of the author’s writing of this article is to consider the incidental appeals system to ease the social conflicts such as heavy pressure on cases, petitioners and petitions at the present stage. It is also the demand of a harmonious society to construct the incidental appeals system in our country and to solve the difficulties of the masses systematically.