On The System Of Fine Penalty

Although the new criminal law enlarges the scope of fine penalty, it is lack of systematic stipulation. The paper is guided with the penalty theory and research on the history and theory basis of fine penalty, in legislative and judicial aspects. In order to explore the method of perfecting fine penalty system, it elaborates the basic theory problem, and then compares the legislation, applicant situation with other countries. After that, it explores the relevant legislative suggestion of perfecting fine penalty system. The paper has five chapters, research from four aspects.Chapter one surveys the conception and characters of fine penalty, and then inspects the origin and the development of it. Finally it shows the current step and development require of fine penalty in order to explore the essence of fine penalty. In this part, though the compare of the status in western country, summer and analysis the reason for the differences, and make some reasonable thought in fine penalty.Chapter two researches the scope of fine penalty appliance. Based of the legislation of applicable scope in different countries, the chapter analyses the legislation development of applicable scope and flaws in fine penalty. In accordance of concrete perfecting methods, the author suggest that it should enlarge the slight criminal of applicant fine penalty, on the base of many different theories. Meanwhile, increase the rules of offence criminal and teenager's criminals in fine penalty appliance.Chapter three analyses the applicable pattern of fine penalty. Base on the different types of fine penalty, it demonstrates the applicable pattern and characters in our country, judge the current system completely. In accordance of perfecting, it suggests that we should enlarge the single fine penalty system, and reduce the number of combined fine penalty. Meanwhile, it demonstrates four suggestions in combined system of applicable pattern of fine penalty and the judgment of greedy criminals.Chapter four discusses the amount of fine penalty. It researches on the legislation pattern and principles of amount judgment in perfecting the system. Take legislation pattern, it analyses the legislations of different countries, and probes the flaws of current system in our country. Explore from concrete chosen pattern, singular crime and company crime amount aspects, compare with legislation models, we should decide the amount according to the criminals circumstances and economic condition.Chapter five has a comprehensive discussion of fine penalty implement.