Study On The Adaptability Of The Fine Punishment

Fine, the court sentenced the offender to pay a certain amount of money to the state penalty methods. Penalty in the Criminal Code is an additional punishment, it has the following advantages : 1) can be separated. It is freedom in the same tailored to the circumstances of the crime and sentenced to the size compatible with the amount of the fine; 2) No prison, and thereby it does not inhibit the production of prisoners, work and life not overly affect his reputation, and avoided a prison here by the worst criminals; 3) The profit motive was greedy for wealth and full of criminals sentenced for criminal fine is fine when incrimination. Greed ideas against such criminals will be deprived of money from the economic sanctions. is a meaningful deterrent; 4) criminal fine for the media because it is based on the offender's money personality maligned I give more to ease the impact, but only the pain of property; 5) simpler to implement, It also can increase public revenue.It is for this reason, China formally established in 1979 on the Criminal Penalty. The Criminal Code was amended in 1997 to expand the scope of application of the criminal fine. Increase fines and criminal penalties, which is fundamental to the social and economic development needs. However, in criminal fines, there are obvious shortcomings in the application process.1.There are a number of issues(1) The application of different entitiesA.Juvenile crime problemAccording to the stipulations of the Criminal Law of property crime and punishment of criminals sentenced addition, it can impose additional fines. Juvenile offenders are no exception. In judicial practice, juvenile offenders are often not available due to the implementation of the property, and not actual implementation. Even if we have to pay more for juvenile offenders guardians. No criminal fines are actually set up to achieve the desired "not allow criminals to take advantage of the economic" effect, many drawbacks.B.Organized crime syndicate294th according to the Criminal Law stipulates that the organization, leadership, the nature of organized crime syndicate. In addition, punishment can be imposed and added deprivation of political rights. No such crime and sentenced to a fine or confiscation of assets. I believe that fines should be introduced to the criminal underworld organized crime.C. Crime unitChina's Criminal Penalty for crimes unit commitment main criteria, there are discretionary basis. criminal fines to the units affected by the application.(2) According to the discretion of PenaltyA.According to the discretion of the formThe criminal fine is based on the discretion of the court to determine whether the amount of fine imposed fines and under. Clear from the legislative provisions, there are three different ways : first, under the circumstances, Second, based on the economic situation of the offender. Third is based on the crime committed, the economic situation in reference to a decision of the amount of crime.B.China's regulationsArticle 52 of China's Criminal Law stipulates.Imposition of fines should be according to the crime committed by fixing the amount of the fine. As can be seen from this provision, is the sole basis for determining the amount of a fine to the crime committed. However, the majority of scholars believe that According to the crime committed to the excessive stress from the form that everyone is equal before the law and the principle of keeping the crime, and the perpetrators are not aware of the poor to own property in the unequal application of the criminal fine. the same time, this approach could not be implemented because sometimes fall flat. (3)Penalty and scientific systemA.. The Legislative Branch allocation of fines and improper. B. Penalty legislation and the system will easily result in a judgment void. C. It might be criminal fine and penalty system for the seriousness of the crimes. D. And the system will give priority to the principle of compensation in civil fines and criminal legislation inconsistent.(4) Penalty system to other penaltiesArticle 53 of China's Criminal Law, a fine judgment in a lump sum or installment payment of a specified period. Non-payment of the expiration of the mandatory payment. Unable to pay the fine for all the people's courts at any time can be found to implement the debtor's property. be ready to recover. If not encountered resistance because there are real difficulties in the payment of the scourge, it may reduce or waive. Apparently, this is a reasonable, It makes an attempt to evade the criminal fines have not yet been implemented after its people will never be able to shake off the penalty, to ensure the sanctity of the law. Besides, people who have financial difficulties to reduce their fines, penalties reflects the demands of humanity. However, this approach still has its shortcomings.2.The cause of(1) the defects in the law of a country the rule of law should be formulated taking into account various factors. It is necessary to actively help with the fight against crime, but also is conducive to effectively protect the legitimate rights and interests of citizens. It is necessary to promote the legal process, but also is conducive to safeguarding the legal notarization; It is necessary to help achieve the purpose of criminal law, Criminal be conducive to achieve the best results. Runs through all the basic principles of criminal law and criminal law and criminal use of standardized criteria It better reflects the various factors to consider legal, and its enrichment of a few basic principles. good to know the laws and regulations enacted. From the basic principles of criminal law, criminal fine, there is a major weakness in legislation.(2) Penalty penalty system in the underprivileged Penalty penalty system in a country shows the status of the country Fine attention to the decision of its judicial practice in the application and application frequency. Additional provisions of the Criminal Law, Criminal Penalty regard that the legislature ignored their profession and the public. Affected by the impact of the judges are often limited to stereotypes of the criminal fine. Only in the law expressly provides the necessary fine imposed under applicable criminal fine. This shows the low status led to a criminal fine not been widely applied in China, the imperative to improve the criminal fine.(3) the implementation of any system is imperfect in practice, and application of legal theory in order to truly achieve good results. there must be a sound and mature set of related systems to implement it. This is the delivery system. If there is no system to ensure the implementation of a scientific application of the law, then the law would be empty. And criminal fines related to the implementation of our system is not perfect, affected by the application of the fines.3. Penalty perfect application of(1) application of the different entities should be easy for minors to improve the education system for the System and so on. Property of an underworld crime should require, and could not say if the amount of money, goods, the origin of the assets, or of the property unencumbered, obviously disproportionate to his legitimate income, should be confiscated. Crime commitment on the main unit and the amount of fines to be determined.(2) Authorization of the criminal fine discretionary basis, I believe that Penalty amount should be determined "based on the crime committed," In legal terms, in line with the spirit of Article 52. In theory, the criminal law clearly stipulates the principle that everyone is equal before the law, the same crime committed by the perpetrator. the punishment should be equal. We must not decide the number of non-criminal penalties in cases of property (3) To establish a system for imposing a fine, fine suspended sentence Criminal offenses, and because of its statutory requirements have declared criminal fine suspended for a certain period of the implementation, If he does not violate state laws and regulations during the test, and the supervision and management of the probation, after the test period is not suspended the implementation of the original criminal fine.(4) setting up a criminal fine exchanging capacity of the system and willful non-payment of fines or administrative detention were exchanging personal freedom, those who can not afford to pay the fine for exchanging public labor. Have the ability to pay the fine is not paid and often deliberately concealing assets through the transfer admission, flight of capital and escape punishment not only shows the bad faith of penitence, but there flouting the law, the subjective vicious legal confrontation. be forced to pay invalid under administrative detention or exchanging personal freedom. Have the ability to pay and willful non-payment of fines or administrative detention were exchanging freedom in accordance with uniform standards should be set. This standard reference overseas, and in light of China's national conditions to develop.