Studies On The Compensatory Character Of Fines

Among the legal sanctions,the administrative fine is the wideliest used measure because it is easily used and has the replaceable character.With the operation of the system of the administrative fine,the two problems increasingly emerge:one is the excessive fines with optional location and random amount;the other is asymmetry between the amount of fines and the damage result.There are mainly three solutions put forward by scholars to the above problems:improving the fine setting by the legislation,instituting the discretion criterions of fines by the administration,strengthening review on the rationality of fine decisions by the judiciary.However,those solutions without the support of subjective basis can not deal with the above-mentioned problems.It is the most urgent task to find the subjective basis of the fines.If the fine is look upon the compensation for the damage of illegal behaviors in referring to compensation character,the two problems will be settled easily.Chapter ?:The meaning of compensatory character.The compensatory responsibility is different from the liability to fill up the damage for fault,because the front isn't based on the fault.The compensatory function is regarded as the proper merit of civil compensations.The meaning of compensatory character is to pad the damage occurred by money to the degree that the harm seem haven't taken place.Chapter ?:The compensatory representations of fines.The function of fines to fill damages resulted by the illegal actions have three overseas representations:to fill civil damages,to fill common damages,to apply intermediation to resolve the issue about fines.There are some exhibitions in legislation and law experience in our country.Chapter ?:The reasons for compensatory character of fines.There are three reasons for the appearance of compensatory character in the fine.The first is the retribution of law punishment.The retribution requires keep proportion bebween the punishment and the damage resulted by illegal behavior.The second is some special characters in fines themselves,such as taking the money as object,transfering property rights etc.The last is the relationship of fines with the civil compensation.In a word,the compensatory character of fines is the result of the development of the law punishment.Chapter ?:The relationship between the compensatory character and compensatory character of fines.The compensatory character and compensatory character of fines can exist in one kind of law punishment if this punishment has capacity to resume the damages happened.For the fine,it is compensatory for the victim,but is punitive for the person who breaches regulations.At the same time,fines can get the goal to prevent illegal behaviors by command the obligor to bear damages incumbency.Chapter ?:The compensation object of fines.The damages caused by the fined illegal acts can be divided into the two types:one is public interests damage only and the other is the public interest and private interest damage.According to the principle of the autonomy in private law,the compensation of private interest damage is made by the private civil compensation.On the contrary,the compensation of public interest damage should apply administrative remedies.Fine is one of the types of administrative remedies and the main functions of fine is the replaceable filling-up of the existed damage.So the compensation object of fines is the administrative commonweal.At the same time,the character that the public interest damage is not measured by the money should not prevent the public interest damage from being the compensation object.Chapter VI:The fine of compensation aspect.As the compensation of public interest damage,the fines are only used under the condition of the existence of public interest damage.Whether or not the existence of the public interest damage totally depends on the measurement of interests and the relation between the fine and the other remedy methods.In the quantity,the upper limit of fines should have flexibility;the base of fine should be the relevant amount in the usual used multiplying fine and the multiplying factor should consider the three factors including administrative fine base,the finding probability of illegal acts and the total amount of illegal acts.The purpose of fine is the core issue of fine.The compensative character of fine shows the purpose of fine is to protect public interest in regardless of the fine used as the enforcement fund or used to encourage the private person to enforce law.