Studies On The Fine Punishment Problem

This article take the penalty theory as the instruction, to the fine punishment's concept and the characteristic, the theory acts according to, the fine punishment legislation and the judicial aspect conducts the research, explores by the time consummates our country fine punishment system's way. The article uses always - a minute structure, elaborated the first fine punishment's elementary theory question, and uses the comparative analysis the method carries on the inspection to the Chinese and foreign various countries fine punishment legislation and the usable condition, put forward the related legislative proposal to our country fine punishment system's perfect way. This article is divided four parts, has conducted the research to the fine punishment's four aspects.Part I: Punishment summarizes a fine. And then fine punishment type , fine punishment position have carried out that part on fine punishment concept and characteristic first, introduce that, the concept carrying out the fine punishment analyzing , setting up science on fine punishment advantages and disadvantages is a prerequisite for perfecting that fine punishment.Part II: The punishment existence is based on a fine. Owe a part tier of face from basal principle, the material gain humanitarianism parting for from fine punishment retribution according to fine punishment, according to fine punishment, has carried out demonstration on reasonable and legitimate that fine there exists in punishment according to fine punishment modest or nature, according to four aspect.Part III: Fine punishment judiciary is suitable for use. Owe a part the part having introduced three fine punishment principles suitable for use, fine punishment applicability, fine punishment way suitable for use mainly.Part IV: Our country fine punishment legislation defect and perfect. Be a part's turn to be allotted two arrangement of ideas being in progress comment that: First, from our country corporal punishment fine currently in effect, punishment applies to way, the fine number in the applicability, and carries out system four aspect have problem and the demonstration carrying out analysis less than; Legislation bringing forward our country fine punishment secondly specifically for above-mentioned problem perfect.