The Research Of Criminal Fine Exchanging Free Institution

In order to solve the problem of difficulty in enforcement of criminal fine, criminal fine exchanging institution, particularly the criminal fine exchanging free institution has been placed on the agenda of China's criminal law theory and practice circles. But on whether it should be set up in our country, the academic community have held a explosive discussion. There are not only positive opinions,but also negative views. This paper seeks to analyze both sides of the main points, compare other methods of resolving this problem, introduce the historical process of criminal penalties as well as the criminal fine of liberty system and the foreign-related experience. On this basis, author want to study how to realize the criminal fine exchanging free institution, how to reveal the essence of the institution and how to resolve the problem of difficulty in enforcement of criminal fine. Then author will make the conclusion that if we want to resolve the problem of difficulty in enforcement of criminal fine, we must establish the criminal fine exchanging free institution. In order to establish this institution in our country, we should take two steps. At first, we should demonstrate its theoretical basis. At the second, we should explore the method of the operation. Only in this way, can we realize its definition, action and the urgent situation to establish this institution.In this paper, author adopts the methods of theoretical normative research, empirical research, comparative analysis and historical analysis, through the analysis of our current legal environment and judicial practice, closely around the actual needs of our criminal legal system and national power penalty reason, to introduce this system's rationality, refute the contrary ideas. This specific structure is as follows:Firstly, author introduces the status of criminal fine and the problem in implementation about it, analyzes all methods for resolving this problem. Then, proposes the criminal fine exchanging institution. On this basis, author compares all the other resolving patterns, in order to propose the criminal fine exchanging free institution.Secondly, refining the focus of controversy and put forward author's positions. Domestic scholars mainly had two kinds of attitude, the negative attitude and the positive attitude. Focus of controversy in the following five questions:1, Whether criminal fine exchanging free institution is not maintaining the dignity of the law; 2, Whether the institution is not fair; 3, Whether the institution can not overcome the drawbacks of free short-term sentence; 4, Whether the institution violates the moderating trend of penalty; 5, How to understand foreign experience. Author believes that this institution having practical significance in the field of solving the problem of difficulty in enforcement of criminal fine.Thirdly, author proposes theoretical basis for this institution. The first step is to demonstrate applicable law principles in China, the second step is to demonstrate the basis of its actual situation.Finally, author try to provide the feasibility of the implementation of this institution programming. Focused on five relatively mature points and five immature points.