On The Implementation Of Our Country's Fine Punishment

The establishment of fine punishment is development trend. In China, few criminal pay the fine without compulsion of state organ. It is necessary to establish the implementation of fine punishment which aims to execute compulsion to the criminal when the fine has not been paid. Nowadays, the implementation of fine punishment is a fiendish problem and we need a prompt solution.The paper aims to solve the problem of the implementation of fine punishment and it can be divided into seven parts.Chapter one is an introduction of the implementation of fine punishment. The author definite the concept of fine punishment and the concept of implementation of fine punishment, analysis the present status and contributing factors of the implementation of fine punishment in China, and even the advantages and disadvantages of some solutions.Chapter two is to discuss the basic theory of the implementation of fine punishment. The author suggests that the enforcement of fine punishment is a state power, and the power of execution is a kind of judicial power. In this chapter, the author advances the basic principles of the implementation of fine punishment, including the principle of legality, the principle of rationality, the principle of combine persuasion and education with enforcement, the principle of humanization, the principle of individuation, and the principle of human power defense.In chapter three the author discusses the subject of the implementation of fine punishment, and furthermore, the reform of execute system is discussed. The enforcement organ should be the court, and the court should be divided into examine and approve organ and execute organ.Chapter four is for the support system and measures before the enforcement of fine punishment. First of all, a sensible judgment is the guarantee of the execution of fine punishment. The author suggests that we should establish the property investigation system and the property investigation of criminal should be provided to the court before the judgment has been made by the investigation organ or the proecuratrial organs, or even by the court itself. Secondly, three organs mentioned above also have the power to take measures of property saving. Thirdly, the court can appoint a receiver for the criminal. Fourthly, pay the fine consciously will be a legal circumstance to receive reduction or parole. The last, the author also discusses the feasibility of application of the probation institution in the implementation of fine punishment.Chapter five is the most important part of this paper which it improve the procedure of the implementation of fine punishment. The enforcement organ of the court which has jurisdiction will start the procedure on the premise that the fine will not be paid. The scope of execution object should be limited to the lawful property owned by the criminal.Chapter six is for the substitution institution of fine punishment. It is necessary to adopt flexible measures to guarantee the implementation of fine punishment when the criminal who does not meet the conditions for reduction or termination of execution not having enough money to pay the fine. The author put forward the whole frame of the substitution institution of fine punishment in this part.Chapter seven is for the relief institution for implementation of fine punishment. The criminal and other interested party can seek relief by litigation if their legitimate interests have been prey.At the end of the paper, the author argues that we cannot avoid the necessary of the improvement of legislation on the implementation of fine punishment. The author put forth legislative system and concrete suggestions for the implementation of fine punishment.