A Study On Fine Penalty

Since the end of 19th century, fine penalty has been playing a more and more important role in criminal law of most countries. And the penalty constitute has developed into the system in which the penalty of deprivation of liberty and fine penalty are major fine penalty has been widely used way throughout the world. In our country, although the criminal law revised in 1997 broadened its application scope, it hasn't drawn much attention because of the affection of the conventional criminal law and penalty concept. So the concept of fine penalty needs improving. In the aspect of legislation, the rules of fine penalty set by criminal law is still rough, and there are many maladies, for example, the role of fine penalty, the types, application principle and the implement. This essay will comparatively research both the domestic and foreign rules of penalty and put forward some legislative suggestions on the improvement of fine penalty from the aspects above.The whole passage is divided into the following eight parts:Part One: The general introduction of fine penalty. Firstly this part briefly introduced the concept and the analysis of both the pros and cons of fine penalty. Then it analyzed the role of fine penalty from the view of the main land, Hong Kong, Macau Taiwan and the foreign countries.Part Two: The types and principles of fine penalty .This part is on the expend of types of fine penalty and the legislation of penalty principles from the view of the mainland, Hong Kong, Macau Taiwan and the other countries. It has also comparatively analyzed the problems and produced the proof for the improvement of legislation.Part Three: The judicial application of fine penalty. This part mainly discussed the application scope. The application for the juvenile delinquency, and the probation of the fine penalty. It postpone that it's necessary to introduce probation of fine penalty.Part Four: The implement of fine penalty. This part introduced and commented the several ways of implement, and particularly analyzed the shift system of fine penalty. It has produced the proof for improving the implement and shift system of the fine...