On The Application And Enforcement Of Fine Of China's Legislation

Fine punishment as a very old punishment way. The compensation from the primitive society evolved gradually. So far from the early 20th century, fine punishment in all countries of the world have the criminal-justice system occupies an important position, has been widely used. And in today's world, fine punishment has been neck and neck with freedom penalty punishment structure of the center nation. China's present criminal law applicable to fine punishment of criminal law than old significantly increased by a penal code in 79, mainly by freedom penalty punishment system with freedom penalty towards property punishment equal punishment system transformation. Therefore, the proper application of fine punishment must come to understand the essence of fine punishment. In the author's opinion, criminal fine punishment is deprived of a certain amount of lawful property of a kind of light punishment method. In the fine punishment essence to grasp the base, this paper is divided into three parts:The first part: fine punishment overview. This section mainly involves some basic theory of fine punishment. First respectively introduces foreign fine punishment and fine punishment of history in China. Then define the concept of fine punishment, made clear the essence and characteristics of fine punishment, the author thinks that fine punishment of criminals is the nature of the appropriate punitive. As discussed below in the status quo and the deficiency of fine punishment, and puts forward the Suggestions for perfect pecuniary penalty, a theoretical foil. Finally introduces and analyzes the function and fine punishment species.Part 2: fine punishment applicable and legislation. This part of the first fine punishment applicable way of were introduced. Analyzes and our country foreign pecuniary penalty fine punishment legislation pattern. Secondly, fine punishment in China are introduced, and the characteristics of applicable way in the disadvantages of fine punishment applicable way. And then put forward the way of fine punishment applicable legislation suggestion. Methods such as will and secco system for will give priority to change and secco complementary; In China the selected families system as the main applicable way fine punishment; Expanding the scope of fine punishment; In the general provisions of the specified in the crime and corruption nature of fine punishment principle. Families Again, introduces the applicable scope of the pecuniary penalty fine punishment scope and the legislative mode. Mainly introduces the scope of our fine punishment, and then put forward the fine punishment scope in China to improve our legislation mode. Finally, this paper points out the amount of the fine punishment applies in legislation countermeasures.Part 3: fine punishment executive and legislative perfected. This part of the implementation of fine punishment, first of all, as the starting point for our country, the problems of fine punishment various implementation methods were introduced, and kinds of the implementation methods analysed. Secondly, introduces and analyzes the pecuniary penalty, the author thinks that the system of suspension of fine punishment system of suspension will be better for the remedy of fine punishment discretion many shortcomings and the insufficiency, makes fine punishment can develop more crime prevention effect. Finally, summarized the fine punishment execution in the reason of the problem, and puts forward some solutions to fine punishment difficult to enforce the countermeasures.