Analysis On The Fine Penalty

Compared with other penalties, Fine is particularly special. With the continuous development of history and the continuous progress of human civilization, Fine as an ancient penalty, is not abandoned by the world. Instead they become an important carrier penalty of modernization and having the new glow of youth. Nowadays, Fine has been widely used by criminal legislation in many countries. Fine in many countries has become the most frequently used penalty method. 1997 Criminal Law of China has also greatly expanded the use of Fine and increased the applicable rate of Fine. As the criminal law continued to be modified, the status and role of Fine is more and more important in the penal system. Why is it so attractive? I can not help but have a great interest in this topic.After a lot of information access, the author found that although there are many works about fine, but there are still many issues worthy of further study. After several amendments to the Criminal Law, especially the"the 8th Criminal Law Amendment"involves a lot of changes in Fine, but a large number of existing research data and examples used are still stuck in the 1997 Criminal Law. Therefore, it is necessary to re-sort and examine our Fine legislation.This article based on the basic theory of criminal law, attempts to discuss the concept of fine and other basic issues more in-depth. On the basis of existing research at home and abroad and criminal law of other countries, the author paid attention to contact the criminal legislation of the latest, and made a lot of the latest statistics. It can be said highly original. The author also focused on the difficult problems of legislation and practice of Fine, and put forward her own point of view.This article is divided into six parts, about 36,000 words, including 4,000 footnotes.In the preamble, the author describes the research background of criminal fine, and described the reason of choosing Fine as the subject and the purpose to be achieved.The first chapter is an overview of Fine. Firstly, comparing several different definitions of Fine, and draws that although the formulation is different but the meanings of Fine is same. Then according to the basic principle of punishment theory, separately from the general properties and special attributes in two aspects of the essence of Fine made to define. Finally, the author put forward her point of view by compared the advantages and disadvantages of Fine.Chapter II is about the configuration of Fine. First of all, the author both through theoretical and practical to determine the status of Fine in the Penal system. Then, the author contacted the latest criminal legislation of China, examined the details of Fine legislation and put forward the issues needed further refinement.Chapter III is about the application of Fine. First, the author discussed the combined punishment between Fines or between Fine and other penalty. Then the author discussed the issues about fine used to Juvenile offenders. Finally, the author analyzes the problem of duplication of penalty application, lacking of balance and the amount of discretion and other issues.Chapter IV is about the implementation of Fine. Author through several aspects of the"pre-pay the fine"to analysis, and ultimately come to a negative conclusion. Then, from the theoretical and practical aspects, the author discussed the Unlimited fines recovery institution. And the author thought that to identify and build the timely execution institution is the more reasonable choice. Finally, the author made her own judgments on problems about Penalty Executive and Recidivism which many scholars are concerned about.The last part is conclusion. The author reviews the key point of this article and a brief summary of the article.