Discussion On The System Of The Performance Of The Fine Penalty

As a significant symbol of a more mitigatory and scientific punishment system, fine penalty has drawn increasing attention and raised its position. However, the low rates of implementation and obstacles in the implementation have become thorny issues for many countries in their practice. The reasons leading to that situation can be various such as problems of the persons subject to enforcement, the deficiencies in the implementation system of the fine penalty as well as the lack of supervision in the implementation. Therefore, considering the actual situation in China, some suggestions have been made and described as follows.First, adapt the fine penalty system into the constitution to gradually cease the use of limitless fine.Second, encourage more frequent use of imposing a fine as the additional punishment so as to reduce the use of it as obligated one.Third, through necessary amendment of the related laws and regulations, formulate the system of cooperation and chain reaction between the public security, procuratorial system and judicial system to establish several regulative systems concluding some reports about the defendant and his or her family's financial situation and financial shifting situation.Forth, introduce several foreign regulations which are thought-provoking into our own systems. Take the system of alternative imposition of penalties as an example. It does not only perform well in deterring the offenders from evading punishment but also warning the offenders to make their crime more serious to make sure the real and effective implementation.Fifth, improve the supervision system to take effective supervision on the sentencing and implementation of the fine penalty therefore increasing the implement rate.On the basis of China's reality, this paper has explained that the fine penalty is in need and practical. From the analysis of many foreign advanced regulations on fine system, there are also some conceptions and suggestions on improving our own fine penalty system, hoping to formulate a scientific system with Chinese characteristics. These research results will be ready to become the reference for the establishment of China's fine implementation system.