Research On Execution Of Fine Penalty

Fine penalty is meant to force criminals to pay fines to government according to law.it is widely adopted in criminal laws of all countries,so the value is beyond doubt. But in judicial practice, difficulties in execution have existed for a long time, which don't help realize the function of fine penalty and have seriously influenced the authority of criminal law. The author believes that if we want to overcome difficulties in execution, we have to expand our theoretical horizons to the whole operative mechanism of fine penalty and preventing us from concentrating all difficulties in the stage of execution. So, the author discusses from theory of criminal law and legislation with judicial practice, analyzes a variety of reasons from legislation, judicial and execution, and makes some reflections on improvement in execution of fine penalty.This thesis consists of four parts, about 34000words.The first part: the basic theory about executing of penalty .The author expounds the connotation, function and the significance of penal execution. The author firstly discusses the connotation of execution ,and then explores the function of penal execution ,furthermore points out the significance of execution is to realize penalty goal. To further analyze the questions in execution and perfect the execution of fine, it must be guided by penalty goal. Therefore, it will exert great influence on the application of penalty due to distinct penalty goal. The author analyzes on the basis of the academic debate and reflection of penalty goal in our criminal law educational world, points out the rational choice is a comprehensive theory based on the prevention punishment, including the retribution punishment, and distinguished in penaltyies with stages.The second part: The basic problem in execution of fine penalty. In this part, the author has made a study about executive body and executive mode of fine. Firstly points out executive body involvs three levels, namely the executive organs, the enforcement agencies,and the execution officer.Then elaborats the situation about executive body in our country, because of the sources of execution are diversified, inevitably causing some confusion in practice,Therefore, the author puts forward some opinions for reform briefly: the executive body Should be the People's Courts, while there should be well-defined enforcement agencies in order to separate judgement from implementation. For executive mode,the author points out there are three types: pay penalty initiatively; the executing organ shall enforce certain money or other properties when criminals refuses to pay fines, while failing to pay the fine, convert into other penalties according to certain calculation standard. Concretely explores the systems of a payment or payment by installments, forced to pay, changing fines into other kinds of penalty, demanding the payment whenever it finds the criminal has property for execution of the fine, reducing or even eliminating fine.The third part : questions and reasons in execution of fine penalty in china. According to relevant empirical survey data in execution of fine penalty , the author holds that at present the application of fine penalty only stay on such stage where there are laws, they must be abided by, it fails to fulfill where laws are enforced, they must be enforced strictly. In view of the present situation, the author analyzes some reasons of three aspects. In legislation: legislative models of dual fine are little, lacking of flexible measures when fine penalty can't be performed. In judicial; fine is not taken seriously, causing randomness judgment, the amount of fines shouldn't be decided not only by whether it is a minor crime or serious crime,but also by economic conditions of criminals. In execution: the regulations of executive body and implementation procedures are indefinite, and implementation of the security measures have seriously restricted the efficiency.The fourth part: some thinkings about improvement in execution of fine penalty in our country. The author elaborates respectively from the improvement in legislation, judicial and executive mechanism, and puts forward some specific suggestions. First of all, legislative models of dual fine should be accepted more in legislation,adding a new system of changing fines into imprisonment penalty or public welfare work. Secondly, in judicial application, fine penalty has to be viewed properly and attached much importance, stresses that judges use the discretion power correctly considering various circumstances. Finally, in the execution mechanism, stipulates the executive body, advocates that fine penalty should be executed by execution division in the people's court of first instance , adding a new system of transferring in execution for ensuring procuratorial supervision power, perfect execution safeguard mechanisms,establish a system which execution of fine penalty is related to commuted sentences or be put on parole.