Certain Ponders About The Implemental System Of The Penalty Of Fine In China

In recent years, the ampliative practice of the Penalty of Fine is becoming a tendency of developing all over the world. There are many academic researches about the Penalty of Fine. Many countries have set up their own system of the Penalty of Fine in their legal practice according to the situation of their own country. In China, the applicable scope of the Penalty of Fine has also been extended according to the new Criminal Law which was enacted and promulgated in 1997. Many scholars concern more about it, many researches have been made by them involved the advantage and disadvantage of the Penalty of Fine, the status and the function of the Penalty of Fine, the concrete applicable scope of the Penalty of Fine and so on. In addition, there are also some discussion about the necessity and value of the existence of the Penalty of Fine.According to the practice of the new Criminal Law since1997 in China, though the theory of the Penalty of Fine has been developed a lot, some deviation of using it still exist, especially in the implement of it, which has becoming one of the most difficult problems in the criminal judicature. This has severely weakened the effect of the Penalty of Fine in terms of punishing the crime. Therefor, in foundation of the former research, this dissertation reveals the present situation of the difficulty in implementing the Penalty of Fine, criticizes its disadvantage, analyses its main reason, and also proposes the writer's opinion in amending the present system of implementing the Penalty of Fine. Chapter 1 The writer reveals the present situation of the difficulty in implementing the Penalty of Fine by illustrating the concrete data, analyses its main reason through the aspects of legislation and judicature. In terms of legislation, because of the obligatory using of the concurrent punishment with the Penalty of Fine in the new Criminal Law of 1997, the freedom decision after deliberating the power by judge has been deprived from some kind of degree. The amount of the fine doesn't prescribe reasonably, it's too simple to consider the criminal's actual economical condition and the capability of payment, sometimes the amount of the fine divorces is far from the criminal's actual capability and is not feasible. At the same time, the legislation of the Penalty of Fine was very simple and doesn't stipulate the alteration during the implementing. In terms of judicature, the system and the procedure of the Penalty of Fine doesn't prescribe clearly enough, there is also not clear about the executants of its implement, by the criminal court or the executive court, this cause the difficulty in accurately implementing the Penalty of Fine.Chapter 2 In the writer's opinion, the radical reason of the difficulty in implementing the Penalty of Fine is that there is some deviation between the understanding of its academic value and the actual designing of its system. Firstly, the writer criticizes the existing disadvantage of this penalty, and also expatiate the academic value of the Penalty of Fine by her understanding. She thinks the Penalty of Fine is one of the best embodiment in mitigating the punishment. It can avoid the disadvantage of the punishment of imprisonment. It's a kind of benefit and high efficient punishment, it's suitable for the punishment of the guilty corporation and some misdemeanour. But in our actual designing of the system of the Penalty of Fine, it doesn't incarnate its value of mitigating the punishment. Secondly, the percentage of using Penalty of Fine in intentional offence is far higher than in criminal negligence. Thirdly, the amount of the fine doesn't prescribe reasonably, this may cause the misdemeanor punished severely or the grave offense punished lightly. Chapter 3 The writer proposes her opinion in amending the present Penalty of Fine. In terms of legislation, she thinks that it is necessary to extend the applicable scope of the Penalty of Fine, improve its applicable way, prescribe the reasonable amount and so on. In terms of judicature, she thinks it is necessary to amend the present system of implementing Penalty of Fine in order to improve the percentage of using it. At last, the writer has also been aware that the amending of the Penalty of Fine is a quantitative change, it is impossible to make a qualitative change in such a short time. So it is important to consider some factors, for instance, the traditional opinion of the public, the judicial resources of our country and so on.Chapter 4 The writer also discusses some hard problems of implementing the Penalty of Fine during the present judicial practice, including its special object of using, concurrent punishment for several crimes, limitation of prosecution.The writer expect that this dissertation will be helpful in accurately using and implementing the Penalty of Fine during the judicial practice, so that the Penalty of Fine will realize its enormous efficacy in punishing the crime.