On The Legislative Improvement Of The Fine Penalty

Fine penalty is a punishment method that condemns offenders to pay assumption of money for state as a forfeit for an offense. Due to the development of purposivism and reformatory education in modern criminal laws, the criminal policy has shifted to the emphasis on lesser punishment such as fine sentencing. Since the end of 19th century, fine penalty has been playing a more and more important role in criminal law of most countries. And the penalty constitute has developed into the system in which the penalty of deprivation of liberty and fine penalty are major fine penalty has been widely used way throughout the world. Only a few Provisions on fine penalty were made available in penal code of 1979 in China, which have been rarely applied in practice. In our country, although the criminal law revised in 1997 broadened its application scope, more items on fine penalty were added and widely performed in justice cases, and it hasn't drawn much attention because of the affection of the conventional criminal law and penalty concept. So the concept of fine penalty needs improving. In the aspect of legislation, the rules of fine penalty set by criminal law is still rough, and there are many arguments, for example, the role of fine penalty, the application and the implement. This essay will comparatively research both the domestic and foreign rules of penalty and put forward some legislative suggestions on the improvement of fine penalty from the aspects above.The whole passage is divided into the following there parts.The first chapter analyzes the status of fine penalty. The status of fine penalty is the key problem in determining its applicable range. At the same time, we analyzed the absolute dependent status of fine penalty. We suggested that fine penalty should not be upgraded to principal penalty. But along with the penalty leisurely idea strikes root in the hearts of the people, the role of fine penalty should be improved; It should be a major punishment but can be applied additionally.The second chapter analyzes the application range of fine penalty. Firstly, we discussed issues of applying fine penalty to special offenders: minor criminals. Secondly, we put forward that it is reasonable to simultaneously or separately sentence all mammonist offenders fine penalty, and gave us legislating suggests on fine penalty to crime and transgression, misdemeanors of crime and malice and also explained the reasons. Thirdly, we review legal methods of individual fine, dual fine, selective fine, alternate fine, compound fine, additional fine, and the legal methods of fine in our penal code, and put forward that it is reasonable to limit the dual fine. Finally, we suggest that it is reasonable to limit the limitless number fine.The third chapter analyzes the implement of fine penalty. This part introduced and commented the several ways of implement, and particularly analyzed the shift system of fine penalty and the criminal fine exchanging. It has produced the proof for improving the implement and shift system of the fine penalty and the criminal fine exchanging in our country.