The Difficult Implementation Of The Criminal Fine And The Ways To Solution

As an important penalty of property, criminal fine plays a unique role in economic sanctions for crimes against property, so China's new "Criminal Law" provides for lots of criminal fines. However, the percentage of implementation is so small in the criminal justice practice that the "phenomenon of empty sentence" is very common in real life, and therefore criminal fine is facing implementation difficulties.From the point of legislation and justice, the author analyzes the implementation difficulties the criminal fine is facing , expains the reasons of difficult implementation and also proposes the ways of getting out from difficult implementation in this paper. There are three difficulties that the criminal fine is facing. First, the implementation ways are general in the present law. Sencond, the percentage for the convicts to pay the fine is very small. Third, many courts violate procedure to collect fine in advance. There three reasons of difficulties to implement the criminal fine. First, the economic conditions of the offenders are generally poor and unable to pay the fine. Second, the fine is too heavy for the offenders to afford. Third, as a result of unpaid work, the convicts are unable to carry out the fine, etc.Accordingly, the authors proposes some ways to resolve the difficult implementation of the criminal fine. As for cases of a fine combination, the following measures should be taken: a suspended sentence combined with a fine, convicts' re-education through laber to take place of fine and a suspended fine, etc. On cases of single-payment of fine, the court can take measures of fine security system and fine payment by stage , etc.