A Study On The Appeal Effect Of The Necessary Joint Litigant

Some necessary co-litigants file an appeal,and in terms of procedural effect,the entire case will have the effect of transferring trial and judgment to block;at the same time,some necessary co-litigants will have the effect of appealing to other co-litigants,and all co-litigants may Jointly enter the appellate trial procedure;in terms of substantive effectiveness,the trial of the second-instance court should be conducted around the appellant’s appeal request,and the main object of the judgment is all the co-litigants.In principle,some necessary co-litigants’ appeals are valid for those who have not appealed,and the specific handling rules vary according to different litigation types.When some similar necessary co-litigators file an appeal,the appeal is valid for those who did not appeal,but those who did not appeal can get rid of the shackles of this procedure by express refusal,and do not need to participate in the appeal procedure,but they are still the object of the second-instance judgment.The current law regulates the effectiveness of some necessary co-litigants’appeals mainly in the second paragraph of Article 55 of the Civil Procedure Law.The consensus principle stipulated in it is difficult to operate in practice,and it is difficult to ensure the unified determination of judgments;" The meaning of "listed according to the litigation status of the original trial"as mentioned in the first paragraph of Article 317 of the Judicial Interpretation of the Civil Procedure Law is unclear,and there are many differences in theory and practice.In practice,in the process of handling appeal cases of necessary co-litigants,there are different perceptions among the courts as to whether the validity of the appeal of some necessary co-litigants is expansive,the non-appealed co-litigants lack awareness of the validity of some of the appeals,the appellants When the parties are staggered,the court’s practice is different,and the litigation rights of the unappealed co-litigants are difficult to be fully guaranteed.In order to standardize the trial of some necessary co-litigants’ appeal cases,it is necessary to change the principle of consensus in dealing with the internal relations of the necessary co-litigants to a favorable principle.Litigation status and litigation rights.In practice,the validity of the appeal of some necessary co-litigants should be clarified and applicable to other co-litigants;the court of second instance should hear the requests of all appellants,and the judgment results are binding on all co-litigants;in order to fully protect the procedures for those who did not appeal If a similar necessary co-litigator explicitly refuses to participate in the lawsuit,it may not be included in the appellate trial procedure out of respect for his or her disposition right,but it is still bound by the main text of the judgment;When the case is lost,the litigation costs shall be borne by some of the co-litigants who filed the appeal.