Critiesim And Improvement About The Penalty Of Fine In China

An importance that penalty is modern the marking is the penalty's light, but the penal sum develop the penal function of center to attain the important path of penalty light in the penalty system. Therefore, since 20 centuries, and prosper the nation to all and very pay attention to the penal function of penal sum, and not only and significantly expand the penal suitable for use scope of penal sum, and increase the penal suitable for use rate of penal sum, and very thoughtful of to penal theories research of penal sum. Compare with the penal sum that contemporary reach nation, and the our country regardless study the aspect in the lawmaking, judicial aspect still in the theories all compare behind schedule. Our country the new penal code cent then and significantly extended the penal suitable for use scope of penal sumed, and increase necessarily and the suitable for use method of the section penal sum, but because its lack total then sex lawmaking provision, make the penal sum the system still and very not perfect. Moreover, then rule the aspect, scope to apply to penal sumto really settle, apply the way's choice, quantity the range's provision ...... the etc. incent, and all exsits a lot of irregularity. For further perfect our country penal sum the system, distribute to flick the penal sum in the orientation socialism market economy system penalty that request the function in the system, this text is then to put great emphasis on the problem that exsits from the penal sum commenced to proceeds the researched, and bring upped the lawmaking suggestion.Chapter 1 condition equation for principle for reason for to penal sum proceedsChien's Discuss , clear and definitely penal concept, characteristic of penal sum with function, Chien's Discuss penal origin, innate character of penal sum with category, detailed Discuss penal sum exsitting, then matching the penalty economy, easy toly reforming the criminal, having strongerly aim atting the sex with divisibility, applying the way vividly, at occurrence mistake case easy toly recover toing not sentencing the hour advantage.Chapter 2 treatise penal blemish of penal sum. Penal sum is a the kind light punishment, and this is the penalty theories to is confessed. Commit crime this kind of to light punishment the crime in the our country, mistake however and very difficult find out the penal shadow of penal sum, and the penal sum share the big comparison in the heavy .Main concentration of penal sum is in the benefit in the crime, but the national office-holder's crime is however and very difficult to find out the penal shadow of penal sum. Penal sum the quantity provision is not scientific, and on the other hand easily cause the Overweight over the light, on the other hand also make verdict difficult then carry out. Impose the penal sum to nonage criminal, and really have a little to can not bear to in the heart, but the stand oppositing of Affection and method, method allow of no the ffection . Because of the system's blemish, cause the penal sum penal penalize to become a difficult with the cashing note's check.Chapter 3 is to penal reasonableness evaluation, Chien's Discuss of penal sum penal gains or losses of penal sum, use the dialectical but owner righteousness the standpoint know the penal sum , and benefit to the perfect penal sum the system.Chapter 4 combination actual, suggestion from continuously extend the penal suitable for use scope of penal sum, and increase the penal position of penal sum; The penal suitable for use principle of perfect penal sum, improvement penal sum is penal to cut the deal mechanism; Increase to establish the penal sum suspended sentence the system; Establish penal guarantee the mechanism; Establish the penal sum penal carry out the system; The penal sum that strengthen the international cooperation carry outs to wait six aspects to come perfect our country penal sum system.Despite the academic circles is up to now penal to penal sum to dispute very big, even abrogate the penal noise of shouting of penal sum is not small, but it are all...