Master Of Major Of Civil-Commercial

Fine punishment's origins can be traced back to the primitive society, in order to limit the consanguineous revenge and appear making fine compensation system as the embryos. Fines from appear to form habits, and again from habit development for the legal system, experienced a long historical process. But in thousands of years times in the history of the high-profile lawmakers and judicial the deserted. Until Western Europe into capitalist period, especially since the 20th century, natural rights theory in enlightenment thinkers, gradually repealed under the influence of body punishment, and limit the life sentence. People, especially the criminal law scholar it gradually realize that freedom penalty especially the disadvantages of short-term freedom penalty. Since then pecuniary penalty, the status of the system of punishment has continued to rise, even become great replace freedom penalty punishment system center trend. Our country criminal law amendment process in 1997, the legislature to punish theorists fine punishment scope expanding made bigger calls for a response, increase the degree of the fine punishment configuration strength. However, the change of China's criminal law did not achieve the desired effect, instead, in the existing legislation framework, the fine punishment difficult to execute the problem of low execution rate case highlights has become China's criminal law's difficult problem.In China's punishment system, fine punishment and constitutes the confiscation of property punishment, and property punishment after life punishment and tortured is a kind of freedom penalty punishment method, China is an important part of the system of punishment. Fine punishment legislation degree, depth and judicial application is related to the implementation of the property of the applicable, further penalty relates to our country the punishment system integrity. This paper remove preface and epilogue text is divided into three parts. The author try from the basic theory of fine punishment, the present situation, at last the appraisal in-depth analysis of the causes and countermeasures to locate in effectiveness study fine punishment, according to the existing problems are put forward measures comparative pertinently, through theoretical and empirical analysis, in the current theory research institute has the depth and breadth of the basis, the alignment of fine punishment, put forward for perfecting the crux of fine punishment legislative and judicial executive rationalization proposals.The first part of the basic theory of fine punishment are summarized. This paper firstly analyzes the historical evolution of fine punishment, and points out that the fine punishment of historical development and trend; Secondly introduced comprehensively fine punishment the concept, characteristics and function, and finally into the current research of fine punishment, namely, a new idea about public debt and private debt differences and the same.The second part focuses on the current judicial practice process to pecuniary penalty taken by difficult to enforce the comments from the expedient way, analyzes the advantages and disadvantages. Then use a lot of empirical and theoretical analysis of current cause pecuniary penalty execution for the current situation.The third part is the key, writing the Angle from legislation, execution of improvement and way to execution plans with other three Angle, and take care of punishment effect and the function requirements of embodied the aspects were proposed to solve the problem of fine punishment difficult to enforce the countermeasures and Suggestions.