On The Defect And Perfection Of The Legislation Of Fine Number In Our Country

Fine number is a very important factor in fine legislation. On the one hand, it reflects whether the installment of fine in one country is scientific or not. On the other, it is also the premise of the accurate application and smooth execution of fine penalty in the country. The legislation of fine number in our country simultaneously adopts three modes which are unlimited fine, times-ratio fine and numbered fine. However, the detriment of unlimited fine is above and beyond its benefit, times-ratio fine and numbered fine both have insufficiencies besides their dominants. More important, provisions of fine number are extremely disorderly, which should be urgently specified and unified. The legislation of fine number must obey such basic principles as follows: the punishment should be suitable to the crime, the fine number should be in accordance with the level of the socio-economic development and the national income in the country, relatively decided, relative equality and harmonious. Property crimes should all adopt times-ratio fine. According to un-property crimes, numbered fine should be an ideal choice. As for unit crime, we should distinguish whether it is greedy or not and separately adopt times-ratio fine or numbered fine. At the same time, we should change the chaos that the double fine system and the single fine system exist simultaneously, and uniformly adopt the double fine system. Moreover, we should also reasonably set up the scale about unit and its responsible people in unit crimes.