Defects of Paternalism in Civil Retrial Procedure——On Functions of China's Civil Retrial Procedure

China's 2007Law of Civil Litigationis revised greatly,refining the reasons of retrial to maintain the finality of the administration of justice,authority,and credibility.And some matters are listed in the subjects of retrial,which reflects the Paternalism of legislators for the party in the cases,thus weakening the credibility of the judicial judges, leading to arbitrary of civil retrial procedure.This paradox is rooted in functional positioning error of civil retrial procedure in China' sLaw of Civil Litigation,and there is no establishment of retrial cases.This paper seeks to present preliminary ideas about building China's retrial procedure.