关于二审程序中诉之追加问题的思考

原告于第二审程序中为诉之追加不仅关涉被告防御权之行使,更关系到审级利益之维护.故立法关于二审中诉之追加应有特别要件之设定以求原、被告利益之衡平.本文在剖析现行立法与司法解释失范的基础上阐释了二审程序中原告追加新诉应具备之特别条件.

On the Special Conditions of the Increase of Proceeding Request in the Procedure of Trial on Appeal

The increase of proceeding request in the procedure of trial on appeal is not only relation to the exercise of defense rights of the defendant, but also to the benefit of judicial rank. So, special conditions of the increase of proceeding request in the procedure of trial on appeal should be installed in our legislation in order to uphold the balance between two parties. In this thesis, first of all, the author explain our current clauses about it, then, on the base of expounding the characters of foreign legislation, raise own viewpoints on the problem.