Civil Sanctions Regime And Its Reform

China's establishment of the civil sanctions regime is due to historical reasons and the limitations of understanding was produced, but because of many reasons, the design of civil sanctions regime is more efficient to consider the value of the legal requirements, it is the national judicial and civil legal means to combat illegal activities, is the country's civil activities, the importance of the implementation of the necessary forms of intervention. He broke the traditional theory of civil law and procedural law, its essence is the people's court to grant legislators jurisdiction in civil administration as part of the terms of reference, the Court thereby gaining a strong intervention of the social functions of means. At present, our legal system as a whole on the civil provisions of the sanctions regime is still in more chaos.Legal relations in civil sanctions, the status of the parties and the court is not to speak of on the other. Jurisdiction of the courts and the executive power set in one, the accused is a free, no defense of the referee, sanctioned by the private right is being left to the courts mercy. The emergence of the system exceeded the passive nature of judicial power, the court converted the position of judge for the accuser and judge, judge of the facts beyond the scope of the complainant's claim is not conducive to achieving a just and safeguard social justice.State civil subjects deprived of personal and property rights restrictions, but did not object to ensure that penalties for the rights and have the necessary means of relief. Severe consequences of the civil sanctions, civil sanctions violations must meet the "serious offense" and whether it is a serious offense depends on the judge's discretion.In this paper, the combination of case studies and theoretical methods, specific examples from practice to start, through the introduction of civil sanctions case to start the legal analysis of the system that the system applied in judicial practice when problems arise, and explore settlement, and finally back to the assessment of civil sanctions case, the formation of tail echo.Paper is divided into four parts: the first part of case leads to civil sanctions regime, the case in practice occurs in the real case, the case was a construction sub-contract dispute, as the case three defendants owed the plaintiff for the works long term, Therefore, the plaintiff will be told to the court of its three. The court found that the case is typical of the defendant's offense of illegal subcontracting, it applies the system of civil sanctions to punish the defendants. The second part of the legal sanctions from the concept, leads to the concept of civil sanctions, and thus the legal analysis of the system, through the civil sanctions and civil liability, civil sanctions and enforcement measures to prevent civil distinction, a clear definition and civil sanctions characteristics.The third section describes the system of civil sanctions, the legislative situation in our country, that our legal system on the civil provisions of the sanctions regime is still in more chaos.The fourth part pointed out deficiencies in the system of civil sanctions and to explore solutions, and noted that the system is a non-complaint, no defense of the referee, a breakthrough in the system, the judicial power of the passive, contrary to the civil activities "do not tell forget "principle, in practice the application of the system is not conducive to achieving a just and maintenance of social justice, the judicial practice in the future the system should be carefully applied, and legislative activities in the civil liability system should be considered to cancel civil sanctions regime.