On The Application And Enforcement Of The Fine Penalty

Chinese Criminal Law has enlarged the application scope of the fine penalty. But there are still some shortcomings in application and enforcement of fine penalty. So the author wants to inquire into the perfection of the Chinese fine penalty system through studying the application and enforcement of the fine penalty. In chapter one, the author suggested that the status of the fine penalty of our penalty system should be improved and made the fine penalty became the principal penalty through the analysis of the advantages and disadvantages of the fine penalty, consulting the foreign legislation of the fine penalty status. In chapter two, the author presented that the perfection of the application of the fine penalty to the money-mad crime, and suggested that it is necessary to enlarge the application of the fine penalty to the misdemeanors. As for the application method of the fine penalty, the elect fine penalty should be adopted. When regulating the amount of the fine penalty, to the natural person, the method that the fine penalty will be enforced according to the day should be adopted. To the legal person, the method that the fine penalty will be doubled should be adopted. In the meantime, the highest amount should be limited. As to the concrete adjudication on the amount, the author suggested that the principle based on the criminal circumstances and considered the defendant's payable capacity at the same time. As for the minors, the author thought that the fine penalty should be adopted to the minors except that they can afford it. In chapter three, the author put forward that the two major problems of the application of fine penalty should be solved through the analysis of all kinds of enforcement system. The enforcement of fine penalty shouldn't limit to the enforcement stage, and it should enlarge to the whole run process of the fine penalty.