Studies On Several Problems Of The Fine Penalty

Fine penalty in criminal law in our country belongs to the supplementarypunishments, but the fine punishment in the criminal judicial practice is applicablemore punishments. Our country fine punishment for performing difficult problemsexist, are already well known facts.so as not to bring too much pressure to theexecution of fine penalty.Fine penalty is a kind of accessory punishment in China’scriminal law,yet,it is one of those which applied much in the criminal judicial practice.In our country,it is well known that fine penalty execution is a big difficulty to solve.How to solve the problem of fine penalty enforcement difficulty, enables the courtsentenced punishment to get a correct execution, theoretically need a positive response.The introduction part that our fine penalty execution of criminal judicial practice sodifficult,as a whole has carried on the summary, the research significance of finepenalty execution difficult problem. In this paper, the research of fine penaltyexecution is a difficult work.In the research,I will set the main characteristics as a mainobject. However, as a kind of punishments, study on the fine penalty execution systemis necessarily based on the basic theory of punishment and guidance. Retribution penaltheory and purpose theory of punishment tends to reconcile the merger doctrine whichleads the mainstream of modern criminal law theory. Our country criminal lawlegislation and theory has no exception. And punishment theory, the most fundamentalpart is based on what kind of penalty according to on the criminal punishmentjustification.The first chapter is problem-based research,that guided by the modern aims ofthe penal merger doctrine. In addition, the introduction part of the fine punishmentshould be clearified first. From the history of the fine punishment of Chinese andforeign criminal law, we should see it as a punishment full of meaning and value. Finepunishment as a kind of property punishment is to avoid the disadvantages ofshort-term freedom penalty,also can promote the anamnesis of severe punishment, andtake the advantage of transforming the sinner, etc. The establishment of pecuniarypenalty purpose, as well as its positive role in transforming a criminal offence, should be enshrined in the reconstruction of the fine punishment execution system.Chapters2and3for our fine punishment executive discretion and executionmechanism of perfect interpretation, respectively. In the perfection of mechanism ofpecuniary penalty discretion, fine punishment should be paid great attention to both thelegislature and judiciary of alternative functions, rather than blindly to highlight of thefine punishment punishment function. The present criminal legislation in our country,as a large number of applying fine punishment and division system.So the finepunishment have more additional meanings.The attachment in other mitigation, finepunishment penalty value and effect. Our country should be considered in the finepunishment legislation to expand fine punishment scope, it will leave finepunishment’s discretion a wider space. In the discretion of fine punishment mechanism,the state of the economy for the defendant investigation is also very necessary, it candiscretion of pecuniary penalty, in full consideration of the person subjected toexecution of the property status, also avoid pecuniary penalty discretion on high andbringing the execution of fine punishment. In short, fine punishment discretionmechanism is the precondition of fine punishment execution. Reasonable penaltypunishment decision will lay good foundation for the fine punishment execution.The improvement of the fine punishment enforcement mechanism should c theexecution of fine punishment‘s principle, the execution of fine punishment principle isthe fine punishment enforcement mechanism perfecting the fundamental which mustbe followed. This article in the fourth chapter firstly introduces the related content offine punishment principle, and lists the different principles of fine punishment.Such aslegal enforcement principles, the principle of reasonable execution, independent payand enforcement principle and the combination of fine punishment principles ofindividualized execution. Secondly, this article selects execution mechanism in ourcountry in the legislation. Firstly, fine punishment, the transfer of property preservationsystem can effectively restrain the person subjected to execution property, ensure thesmooth operation of the executing organ; Secondly, the fine punishment executionmark should be further defined. Finally, in this paper, the daily amount penalty systemis emphatically introduced and analyzed. Foreign criminal legislation for alleviatingwill give the advantages of fine punishment execution.The fourth chapter discusses the issues of fine penalty reprieve system.The finepenalty reprieve system is a kind of system of criminal penalty that to a criminal sentenced to a fine, under the premise of meeting certain requirements in its, in acertain period to suspend the execution of fine penalty,in the probation period there isno statutory cancellation of probation for will no longer execute the judgment of finepenalty.The fine penalty reprieve system has related legislation in the foreigncountries.And the fine penalty reprieve system exists various value.Fine penalty is akind of punishments under the mitigation of penalty, probation system is actuallyhelpful to achieve the mitigation of penalty.Fine penalty reprieve system, it is a kindof mitigation of penalty by a way of the implementation of the mitigation,therefore,fine penalty on the value orientation of probation system still is the embodiment of theanamnesis of severe punishment.So fine penalty reprieve system in accordance withthe value of the pursuit and meets the general trend of the development of the penaltysystem in the world.Besides, the fine penalty reprieve system corresponds with thepurpose of the penalty in our country, not only has the function of allowing criminalsto feel the punishment of penalty,which is conducive to their own education andreform of criminals, so as to achieve the purpose of the special prevention,but also tomaintain the severity of the punishment and seriousness, making social average personaware of penal punishment nature and does not dare to commit a crime, then reach thepurpose of general prevention.In addition, the fine penalty reprieve system to theproblems of fine penalty execution difficulty in the judicial practice and fine penalty ispaid by relatives plays a positive role in digestion.There are two different kinds ofassertions, including affirmative theory and negative theory for the fine penaltyreprieve system,based on the advantages of the fine penalty reprieve system, however,we should consider to build it.The path choice of constructing the fine penalty reprievesystem in our country, the legislation should consider the current situation and theexisting legal provisions of the smallest change under the premise of to set up the finepenalty reprieve system of our country.That conduct a comprehensive method ofcorrection of setting the fine penalty as a kind of principal penalties in which havemost of the terms are provided by criminal law is not appropriate.The safe and feasiblemethod is to repeal the provisions of the third item of article seventy-two of thecriminal law to make supplementary penalties can also apply reprieve system, and thenhelp applying for the fine penalty as a supplementary penalty reprieve system clearaway obstacles.After adding fine penalty reprieve system, it also needs to perfect itsspecific rules.For example, in the construction of the reprieve period,the content of the test of fine penalty reprieve and the revocation of fine penalty reprieve systems, thecharacteristics of the fine penalty itself should be taken into consideration withoutcompletely performing the fine penalty reprieve in the same way of applying tofreedom penalty reprieve system.The fifth chapter for pecuniary penalty permitted system is introduced andanalyzed. First of all to the fine punishment permitted system has carried on the basictheory of interpretation. And detailed introduces the fine punishment permitted foreignlegislation system of different patterns. Secondly, for the fine punishment permittedsystem in our country there is a big controversy, visible fine punishment permittedsystem in our country is facing huge resistance. This paper support certainly saidopinions, and said to deny claims of response. Third, this chapter to the finepunishment are compared with those of the similar of short-term freedom penalty, andthat fine punishment permitted freedom penalty rationality. Finally, this chapter also toour country, the mode of establishing the system of fine punishment permitted,relatively speaking, fine punishment permitted of short-term freedom penalty moreaccord with the characteristics of punishment in China, and can promote theimprovement of our country fine punishment execution.In this paper, the sixth chapter discusses the issues of minors fine punishmentexecution. Minors fine punishment execution problem, not only in our country but alsohave criminal judicial practice in other countries and regions. In terms of our country,the minors are more widely in the application of the fine punishment scope. As theaspect of legislation, the body of the fine punishment for minors has no limitation. Injudicial practice, therefore, both have their own property of minors, or their propertywithout the minors. On minors can be sentenced to the crime, which reaching to theage of16,the offender can constitute all crime stipulated in the specific provisions ofcriminal law.And when someone has reached the age of16but under the age of18,can be sentenced to a fine punishment of the crime, which will meet the requirementsof applicable fine punishment. In terms of justice, the proportion of minors that wassentenced to a fine punishment are not in the minority, so it perform difficult.Generally speaking,as a minor does not have its own independent property, so theyhave no ability to perform the fine punishment punishment. So the minors relativeshave to pay the fine or penalty empty sentence phenomenon, this is not only conduciveto the realization of the penalty purpose, also against the principle of accountable. To improve the minors’ fine punishment execution system, to solve the problem of minors’fine punishment execution difficulty should be proformed from the both legislation andjustice. To solve fine punishment execution fundamental problems, you need to makecorresponding adjustment in legislation in our country, draw lessons from nationallegislation, and to consider setting a minor punishment special provisions, rather thanwith adults use the same punishment rules. And in the case of legislation has not yetadjusted, there should also be under current legislation.Then to Improve the finepunishment of minors. As in one hand, based on the characteristics of minors whooften do not have independent property, should not fully sure pecuniary penalty applies.On the other hand, based on the fine punishment has the advantages of its own, itcannot be denied to minor fine punishment. Whether the combination of minors hasindependent property, or whether for specific judge sentenced to a finepunishment.,they should be sentenced to a fine punishment.