Research On Fine Punishment Of Chine

There are two main functions of fine penalty: on one hand, we applyit to lighten penalty; on the other hand, it has a special function oncrimes which seek for money. It is obvious that our current criminal lawemphasizes more on the latter function, and the main value of applyingfine penalty is to use this special function to beat this kind of crimes.However, this value and the whole system of utilizing fine penalty underthis value neither suit the trend of lighting penalty worldwide, nor suitour country's social development situation and our principle to builda harmony society. If we want to refresh this value, solve some problemshappened in practice, and perfect this application system effectively,we should analyze thoroughly the following aspects: the general principleof penalty's application, the legislature of this aspect in the currentcriminal law and the situation of application of penalty in judicatorypractice, then we could find out what is the key to solve this problem.In order to reach this aim, I, based on the precedent's research, havedone some research on the application of fine penalty in our countryoverall, and have used methods such as utilizing theory to analyze currentsystem, and positivistic research.There are six parts of this text: Introduction, Chapterâ… toâ…£,Conclusion. The main idea of introduction is to clarify the aim and significance of this text both for current society and for theory.The first chapter is about the theoretical foundation of theapplication of fine penalty. And I have made some research on the generaltheory of this, and have demonstrated the theoretical foundation ofpenalty from its concept, essence, basis, function, effect, advantagesand disadvantages. I point out the nature of penalty is to make offencefeel suffering by deprive offence's legally owed money. The nature ofpenalty decides both advantages and disadvantages of penalty, and itsadvantages drive its magnified application, while its disadvantages makeits magnification have a lot of limitations. At the same time, its naturealso determines that it has the effect to lighten penalty and replace thosepunishments against freedom. Moreover, application of penalty into someminor offences has abundant foundations of retribution and utility. Nomatter we use it separately or with other punishments, penalty couldalways have effect to lighten punishment, and its number should not exceedthe limitation of retribution and prevention.The second chapter is about the summary of our legislature ofpenalty's legislature. On the basis of theoretical foundation and theanalyses of current crime law, I want to point out the characteristic andproblems existing in the sphere, manner and regulated amount form offine's application: firstly, on the problem of sphere of application,we just use it mostly on the crimes seeking for money, and use it too narrowon the minor crimes; secondly, in the manner of its use we always use italong with other punishments, and seldom use it separately, the primeproblem existing there is that we use fine separately too little, and thespan of complicated fine is too large; thirdly, the general rule whichregulates fine's amount is that we use fine without limitation into thosecases which indirectly express illegal profiteering or whose harm couldhardly be measured by amount of money. And we use multiple proportions fine or fine with certain money amount limitation into those that directlyrepresent illegal profiteering. This kind of legislature form have someprime problems such as regulating too many imputations which do not havelimitation of fine, and there is no scaling between amount of fine andpunishment against freedom.At the same time, on the basis of legislature analyses, I indicate thatthe main value aim of our country's fine penalty is not to lightenpunishment, but to use its special function to beat crimes seeking formoneyThe third chapter is about the comment on the judicatory applicationof fine penalty. Through the analyses of the summary of judicatoryapplication, I want to point out the reflection's degree that itslegislature trend has into the justice. I also want to indicate theimportance of perfect its legislature and build up correct judicatoryconcept by the analyses of amount imbalance, dissimilation of function,random of ratio. And I have done some analyses on difficulties in thejudicatory application of fihe penalty.The fourth chapter is about how to perfect the application of penalty.I point out that the foundation of perfecting it is to orientate its valueas lightening punishment. And in order to perfect it, the main contentshould include: raising its position as one of the principal penalties,but it could also be used along with the other penalties; enlarge itssphere of application; changing the manner of using it in the principlethat using it separately; upswing the legislature's manner whichdetermines fine amount in the principle of comparatively certainty.The last chapter is the conclusion that summarizes analyses in allchapters.