Research On Some Basic Problems Of Fine Penalty

Fine penalty has existed for a long time, which plays more and more important role in penalty system around the world. Fine penalty arose very early, but it never was regarded as an important punishment. In present criminal law fine penalty is applied as a subordinate punishment. Present criminal law increases more application provisions on fine penalty than criminal law(1979), however, this number is rather less than other countries. Reinforcement in doctrine study on fine penalty is an urgent demand of extension of fine penalty application.In section 1 defines the conception, introduces characters of fine penalty, and demonstrates fair reason of fine penalty setting. Then, it explores the status of fine penalty in punishment system. Finally, it analyses the advantages and disadvantages of fine penalty , and proves rationality of expansion on application range and exaltation on status of fine penalty.Section 2 introduces application range, application modes and amount enactment manners of fine penalty. Fine penalty is applied in property crime and corruption crime, unit crime, trivial crime etc. Application modes include individual fine,dual fine,selective fine,alternate fine,compound fine. The author analyzes legislation mode and concrete enactment of amount enactment of fine penalty. Execution of fine penalty lies on amount enactment manners of fine penalty in some extent, so the thesis enumerates several manners, in order to seek for most suitable enactment manner in China.Section 3 analyzes legislation situation of fine penalty in China. Fine penalty is applied in a limited range and short of complete match system, which causes it on low status in punishment system. Then, in order to promote the status of fine penalty in the penal system and to extend its application, this chapter advances some advice on provision of fine penalty as a main punishment, extension of application range of fine penalty, enactment of daily fine penalty, perfection of application modes, enactment of fine penalty probation, enactment of fine penalty instead of freedom punishment.Section 4 firstly reviews enforcement situation of fine penalty. In practice, the most serious problem is obstacle in enforcement, while arbitrary application of fine penalty and defrayal before sentence exist as usual phenomena. Secondly, it analyses subjective and objective reason of these phenomena. On object aspect, irrational provisions in legal punishment system enactment, shortage of security system of fine penalty enforcement and different economic situation of offenders influence on enforcement of fine penalty. Subjective reason includes attitude of courts and psychological attitude of criminals. Finally, to improve provisions on species of fine penalty and legal punishment system, to set up special enforcement institution and enforcement officers, to create property investigation system and mechanism to save from damage should help to settle problems in fine penalty enforcement.