Research About The Number Of Fine

From the end of 19th century as well as the whole 20th century until present, one of the basic trends of the development of penalty is the penalty reprieve, the fine has an important performance of penalty reprieve and has an important significance in the development of penalty reprieve. Therefore, regulating the reasonable fine punishment system in the penal code is a important symbol of the modern penalty.Of vital importance to the fine is the number, it is the whole thesis, whether the number of the fine is reasonable does have the material effect to the use and execution of fine, about the number of research about the fine becomes an important topic in the research of fine. This article taking the penalty theory as the instruction conducts the research to the number of fine's legislation and the judicial aspect, in order to explore the way for making the fine perfectly. This article altogether divides into five parts:The first part outlines the fine's elementary theory. First elaborated the fine's concept, through different limits of Chinese and foreign criminal law scholars for fine's concept summarize the fine's concept; Next discussed the fine's essence; Then inspected the fine's unique functions as one of the penalty methods:the function of elimination, transformation, deterrence.The second part studies the number of fine's meaning and the legislative principles. The number of fine is the fine's life, the research of the number of fine is helpful for the perfect of legislation and has the feasibility in the judicial practice. The number of the fine's legislative principle is rational principle to regulate the number of the fine scientifically and reasonably in legislation, including the number of the fine's definition principle, the number of the fine's relatively equal principle,the number of the fine's proportionality principle, the number of the fine and the free punishment form ratio principle, the number of the fine is fit for the inflation.The third part analyzes the number of the fine's legislative form. First inspect the overseas'legislative form, point out our country's malpractice of legislative form, propose idealized suggestions to make the number of the fine perfectly. Then point out the relations about the number of the fine and the way of the fine, analyze how to determine the number of the fine in order to make the fine undertake the legal responsibility function to be able to display fully.The fourth part discusses the number of the fine's discretion. First studies the number of the fine's discretion principle, through comparing different legal regulations thinks that condemns the fine must according to the crime plot and perpetrator's financial conditions, and take the crime plot primarily, the financial condition as auxiliary; Next studies the number of the fine and the principal penalty how to correspond, the two cannot absolute and mechanized correspondence; Finally studies the combination about the fine and the fine, the forfeiture of property.The fifth part carries on the discussion the number of the fine to the special main body. Because the length is limited, only discusses how to decide the number of the fine to the unit crime, the minor crime, the accumulative offense. First analyzes the number of the fine's legislative form and discretion principle about the unit crime, proposes should determine the explicit number of the fine t to the unit crime, and decide the number of the fine according to unit crime plot and unit's financial conditions; Next pointes out our country criminal law should be clear what kind of minor crime should be suitable the fine and how to be suitable; Finally analyzes how to decide the fine of accumulative offenses, The accumulative offense is the legal punishment plot severely, and condemn the fine should also be severe.