The Application And Reflection On Criminal Fine

In the development of theoretical and variety of factors, the fines applicable rates of Europe and the United States is always high (most of it is more than60%in declared punishment). In contrast with foreign high fines applicable rate, china’s fine applicable rate is negligible. For many years, in order to conform to the world trend, domestic scholars prove the necessity and feasibility of the crime of fine punishment in kinds of the way. However, our criminal fine in the practice operation has encountered predicament:a simple criminal fine is rarely applied, concurrently criminal fine is most difficult to implement; a small number of the executed criminal fine of responsibility transfer, prepayment after contracting problems; the more serious problem is that if the crime as an acts can be punished with fines, the criminal and administrative violations have become blurred, because the Penalties and fines are very similar to the meaning of the parties. Why the high rate of applicable of criminal fine in the foreign country is difficult for china’s judicial practice, whether should to continue to expand the scope of the repeated plight of the criminal fine, this article discuses this problem as the starting point and the divided into four parts:The first part raises a question, through research and empirical analysis, to reveal and summarize each of the above problems.The second part is comparative analysis. Western countries have a high rate of criminal fine, mainly related to its broad criminal bounded domain. Foreign criminal law set the social behavior of minor hazards as a crime (misdemeanor and violation), and the main penalty is the criminal fine-these acts in our country are mostly not constitute a crime. The social behaviors can endangers society as the crimes, which determines the domain of criminal community compared to foreign countries is very small, roughly equivalent to serious crime in the foreign country. Accordingly, the fine of china mainly used to combat crimes of methods, its purpose is not mainly for the realization of penalty-relief, but to effectively combat crime. China’s administrative fine is similar to the western countries. The problem of china’s fine repeated of the predicament is the control of serious crime form of punishment for minor offenses.The third part is the argument of jurisprudence.In Science phenomenon, crime and punishment is interdependence and constraints-which have not been able to distinguish it from other sanction means of the penalty, they certainly do not need special name of "crime" and the nature of the judgment. Accordingly, criminal and administrative violations in addition to have difference in the social dangers, the forms of punishment are also fundamentally different. In fact, the western countries according to the penalty to distinguish the felony, misdemeanor, and crime of illegal police:criminal felony mainly for free punishment, illegal police offense is generally only applicable to small criminal fine. Because the crime in our country is roughly the equivalent of a serious crime abroad, the main form of punishment should be free punishment. For the simple property of punishment can effectively assume legal responsibility, even more suite for the administrative responsibility. Furthermore, it should reduce the provisions fined punishment.The fourth part talks about the perfect system. In the nature state, crimes in our country, whether need to expand the boundaries (whether to impose all kinds of only administrative penalty as crime) effect and constraint by the factors of history and tradition, and current conditions. The author believes that taking the national conditions into consideration, the forms of penalty should be restricted to the freedom punishment-oriented penal system which excludes the criminal fine. All the responsibility, which could be undertaken by property, should be put under the administration of civil law and administrative law. In this regard, the author believes that on the basis of the present crime precincts our country should strengthen the judicial supervision of the various types of administrative penalties, including administrative fines.