Continent law department have the value of collateral appeal system and this kind of system , generally in civil lawsuit system lies in mainly to protect the appellee who appeal expect have been full , gives up appeal right or appeal had been rejected , lets him use the appeal program that the appellor has lodged , by the collateral appeal to change or discard the sentence of trial so to realizes both parties equal in attack and defence 大陆法系民事诉讼制度中，普遍存在着附带上诉制度，这种制度的价值主要在于保护上诉期已满、舍弃上诉权或上诉被驳回的被上诉人的利益，让其利用上诉人的上诉程序，依附带上诉的方式请求变更或废弃一审判决，从而实现当事人双方的攻防平等。
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Its legal important requirement is what must have legal appeal exist , the appellee mention for appellor , must disobey the trial sentence of the appellor , must mention before word debate end , the appellor ca n ' t mention the collateral appeal again for appellee , must comply with legal program , then the author divides into five kinds of condition to discuss the relation of appeal and collateral appeal in detail 附带上诉的合法要件是:须有合法的主上诉存在、须由被上诉人对上诉人提起、须对上诉人所上诉的第一审判决声明不服、须于言词辩论终结前提起、须非对附带上诉而为附带上诉、须遵守法定程式。接着分五种情况，详细探讨了附带上诉与主上诉的关系。
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