The Objective And The Practice Of The System Of The Fine Penalty

The dissertation is on the system of the fine penalty which is one of the oldest systems of penalties. Under the development of the society, the notion of human beings on penalties has been changing, which leads to more and more light punishment. As a light punishment, the fine penalty is widely used in many countries, especially the developed ones. On the other hand, although the system of the fine penalty has been researched by many scholars, however, the practical application of the fine penalty in China is not developed yet. Thus, the dissertation is to analyze the objective of the system of the fine penalty, which is to provide the advice for the Chinese legislation of the fine penalty. The dissertation is divided into three parts.The first part is on the introduction of the theory of the fine penalty. From the theoretical and practical aspect, the author first puts forward the significance and the rationality of the system of the fine penalty. Practically, as a common penalty, the fine penalty has gained more attention. Indeed, as the people pay more attention to the rights of the property, the application of the fine penalty will acquire more economic support. In addition, the development of the application of light punishment promotes the application of the fine penalty. Moreover, the great changes of criminal phenomenon result in the application of the fine penalty. Theoretically, the fine penalty originated from the power of the punishment of the government. That is to say, the government makes use of the fine penalty to realize the domination and protect the order of the society. On the base of retaliation and utility, the fine penalty is to punish the criminals and prevent the crimes. The author also analyzes the nature of...