Research On The Adaptability Of The Fine Penalty

As penalty goes towards being commuted and reprieved within the global scope, the fine penalty is being paid more attention, and people deepen the study on criminal fines. However, in the legislative practice, the application of fine penalty, especially for crimes committed by unit and juvenile criminals, is still difficult. Therefore, finding the difficulties and reasons that fine penalty fails to apply on the practice and seeking for the way to solve it out are the focuses for the study on fine penalty's application problem. This thesis, first, expounds systemically the main characteristics, nature and relative application theories of fine penalty. Secondly, it analyzes relative problems for the application of fine penalty, finds common ground between the crimes committed by units and fine penalty, analyzes comparatively two-penalty-system among crimes committed by unit, verdict facts and application of the amount, and so on and gives some relative advice. Thirdly, it analyzes the application of fine penalty to Juvenile crimes. It makes sure that Juvenile criminals should apply fine penalty, meanwhile combing Juvenile characteristics, discusses the controversial which rises from the application and how to apply, and puts forward relative reasonable suggestions.