On Issues Concerning Fine Punishment

Fine punishment is a kind of very ancient property punishment. This kind of punishment, regardless of being in the history of Chinese legal system or in the history of foreign legal system, may trace back the final phase of primitive society. With the coming of the class society, fine punishment, because of the highly praise of ruling class for cruel torture and the central position that free punishment and life punishment hold, is on less important or subordinate position in the system of criminal penalty in slavery society and feudal society. Entering the initial stage of capitalist society, free punishment is still at the very core while the fine punishment, which is closely related with economic growth, still holds supplementary position, even declines gradually tiny, though the capitalist class holds in esteem the talented human rights and civilized politics. After modern times, especially the contemporary times, along with the fast development of economy and the further enhancement of social civilization level, punishment scientific times has replaced the times of cruel torture, fine punishment, as a kind of open punishment, has caught universal attention of judicial members legislators, which can be mainly seen from the following two aspects: Firstly, some countries, such as German, Switzerland, Brazil Japan and Italy etc, classify the fine punishment as major punishment while some other countries such as Austria, Indian, Argentina and Thailand etc treat it as one of all punishment and equate it to free punishment and life punishment. Secondly, fine punishment can be applied to many fields such as misdemeanor, involuntary crime and property crime. Among the criminal cases that some countries have sentenced, fine punishment reaches 96%. In our country, fine punishment is in a similar position with that of abroad in slavery society and feudal society punishment, the reason is also approximately identical. But what is different is that the fine punishment of our country is actually put into legislative and judicial practice more lately and our country doesn't nearly go through the capitalist society. Before the third plenary session of the eleven central committee, owing to the influencefrom the left wrong trend of thoughts and the Decade riot, democracy and legal system was trodden on, fine punishment, as a kind of penalty, had been thoroughly denied. Up to 1979, when the criminal law was promulgated, fine punishment was really established in the additional punishment position in the system of criminal law of our country and didn't still perfect very much on legislation and just applied to a very little field. In 1997, the application of fine punishment was enlarged when the criminal law was revised, together with its clauses added to 139 from 20. At the same time, it perfects further on legislation such as the way of stipulating and enforcement and the principle of amount determining of fine punishment etc.On the ground of theoretical research, the research on fine punishment is launched earlier and deeper abroad than at home. In our country, the theoretical circles of criminal law begin the research of fine punishment later, so does fine punishment develop itself. After the promulgation of the criminal law of 1979 years, fine punishment is researched, it is not until 1997 when the criminal law of 1979 years is revised that the research of fine punishment begin to come to the sight of the theoretical research of criminal law, all studies are focused on the legislative pattern and the amount determining and the enforcement of fine punishment, but it isn't overall and systematic enough for the research of fine punishment ^specially in some legislative blank problems such as the application of penalty ways> the choosing pattern of combined punishment and the analyses of reasons and counter-measure for the difficult enforcement of fine punishment, in consideration of which, the author writes this thesis in order to expound the fine punishment completely and systematically.This thesis includes the follow...