Research On Several Problems About The Amount Of Fine Penalty

In the thesis, the author attempts to give an explicit research on severalproblems of the amount of fine penalty, such as the basic principles of thestipulation of the amount of fine penalty, the analysis on the legislativestipulation of the amount of fine penalty in the criminal law of our country,and the relative advices and thoughts on perfecting the legislative stipulationof the amount of fine penalty, etc. And the author also hopes to give her ownunderstanding and explanation on some relative means of resolution bystudying the theoretical papers and relative articles of criminal law.In Chapter One, the author gives a general account on the amount offine penalty and relative legislative modes. The modes of the stipulation of theamount of fine penalty are quite different in different countries. Generallyspeaking, there are mainly such systems of fine as the unlimited fine penalty,ordinary fine penalty, multiple fine penalty, and day fine system, and so on.Unlimited fine penalty is a kind of fine system that only stipulates that theoffenders should be punished by fine but it does not give any definite amount.We think that this kind of fine system is against the principle of "Nullumcrimen sing lege, nulla poena sine lege", and should be avoided by moderncriminal law. The system that is just on the contrary of it is the system ofordinary fine penalty. It stipulates that the court should determine the specificamount of fine depending on the circumstances of crimes in the range of thelaw-regulated amount. Ordinary fine penalty is a comparatively ideal modeof fine nowadays and is widely accepted all over the world. The multiple finepenalty is the system of fine that determines the amount of fine by making areference frame such as the amount of offenses or the illegal incomes, andmultiplies the reference frame to get the final amount of fine. Its advantageslie in its convenience in operation and its comparative stability againstinflation. However, at the same time, the choosing of reference frame alsoconfines its spreading. Day fine system is a reform that is proposed by theAnglo-American law system in resolving the inequality of the amount ofmoney that the different offenders possessed. It suggests that the judge shouldsentence the number of day and the amount that should be paid everyday. Theamount that they multiply is the final amount of fine. This kind of system hasits improving significance in overcoming the inborn inequality of fine penalty.In Chanter Two, the author mainly talks about the basic principles ofdetermining the amount of fine penalty. In this part, the author discusses fromtwo points. They are the judicial principles and the legislative principles indetermining the amount of fine penalty. First of all, about the legislativeprinciples of the amount of fine penalty, the author classifies all these elementsinto five aspects as followed: firstly, the principle of relative accuracy of theamount of fine, which is to say, the amount of fine should have the upper limitand the lower limit; secondly, the principle of the amount of fine beingcommensurate with the crime, which means the amount of fine should becommensurate with the harm of the crime and the relative criminal liability;thirdly, the principle of equality of the amount of fine, which expresses that weshould consider both the affording capability of the offenders and thecircumstances in determining the amount of fine; fourthly, the principle ofmaking the explicit ratio between the fine penalty and the penalty againstfreedom, which means that the amount of fine and the degree of penaltyagainst freedom should have an equal conversion in number; lastly, theprinciple of adjusting to the development of economy and the changing of theincome of people. This principle satisfies the changing of the value of moneythat caused by the development of economy and inflation. On the other hand,the author also summarizes four judicial principles of determining the amountof fine penalty. They are the principle of determining the amount of fineaccording to the circumstances of crimes, the principle of determining theamount of fine according to the affording capacity of the offenders, theprinciple of determining the amount of fine adjusting to the development oflocal economy, and the principle of using the amount of illegal receipts todetermining the amount of fine penalty in the crime with the motion of a greedfor money.In Chapter Three, the author gives a general account on the legislativestipulation of the amount of fine penalty in the Criminal Law of our countryand points out the defects of it. The changing of the legislative stipulation ofthe amount of fine penalty from the Criminal Law in 1979 to the presentcriminal law revised in 1997 has got an improving effect. And the author alsopoints out some defects of the present criminal law. Firstly, the stipulation ofthe Article 52 in criminal law is too general. The stipulation of "the amount ofany fine imposed shall be determined according to the circumstance"is toogeneral to master. And it is unreasonable to determine the amount of fine onlyaccording to the circumstances of crimes. Secondly, there are too manystipulations of unlimited fine penalty in the criminal law in 1997. It is notsuitable to the functioning of the punishment and should be decreased untilabated. Thirdly, there is no relative ratio between the fine penalty and thepenalty against freedom. The now-running criminal law of our country does...