Property Punishment Applicable To Empirical Analysis

Pecuniary Penalty, one of the methods of criminal punishment, has a longer history which emerged before the Imprisonment does. On resent years, fine has become an important punishment which only less than the Imprisonment and confiscation of property has been started using again as a method of punishment along with changes of the theory of ownership of property and the Organizational crime running wild. Pecuniary penalty also has a rising tendency in the criminal law of our nation.Pecuniary penalty is an important part of the criminal system of legality. Whether the legislation is perfected or not, and whether administration of justice are running well attach importance to the good work of criminal system. Because the pecuniary penalty is an important method of punishment, whether the scope, the method and the amount of application of it are provided rationally attach much importance on the achievement of the goal of criminal punishment. The research on the legislation means great significance to the good work of the criminal system.The purpose of the article is to advance both the legislation and the justice of the criminal system to a good state. The author puts forward proposals of the legislation of the pecuniary penalty which are founded on the positive analysis. The article consists of three parts: introduction, text and conclusion.In the conclusion, the author concisely explains the major idea and the studying method. The review on the legislation of the pecuniary penalty is taken by two standards, which is the static standard of the ordinary theory and the dynamic standard of the effect of the judicial practice. Reviewed by the standard of the ordinary theory, the imperfect parts of the legislation can be inspected; and by the standard of the effect of the judicial practice, the vague and the flaw parts of the legislation of...