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附带上诉是指当事人一方上诉后,被上诉人依附于该上诉程序而提起的特殊上诉。其最特殊之处在于,被上诉人在上诉期间己满或舍弃上诉或撤回上诉后,仍可提起附带上诉。我国民事诉讼中也应设立附带上诉制度,以便在程序上公平地保护双方当事人的利益,维护裁判的安定性和司法的权威性。
The incidental appeals refer to the special appeals filed by the appellee appearing in the appeal procedure after the appealing of one of the parties. The most special feature is that appellee can still file an incidental appeals after the appellant has expired or abandoned the appeal or withdraws the appeal during the appeal period. The incidental appeals system should also be set up in civil litigation in our country so as to protect the interests of both parties fairly and procedurally, and maintain the stability of judgments and the authority of judicature.