On Issues With Pecuniary Penalty Distribution In China

This article author mainly launch the question centering on our country's disposition question of the fine punishment, the article mainly divides into three parts, which separately discussed the present situation as well as the consummation of our country's fine punishment disposition scope, the disposition pattern and the disposition amount.The article first has carried on the summary in various part to our country criminal law's fine punishment's legislative present situation,then linked to our country's reality to propose perfect suggestion on our country criminal law the fine punishment disposition related questions.The article first part is our country fine punishment disposition scope, the first question carried on the summary to the fine punishment's disposition scope in our country present criminal law. mainly from the fine punishment's assignment in each chapter , the fine punishment and the corrupt advantage crime, the fine punishment from the fine punishment in the criminal law obtains with the intentional offense and reckless crime these three aspects to summarize the fine punishment disposition scope in our country present criminal law minute. The second question discussed the basis that determined our country fine punishment disposition scope. Determining the reasonable disposition scope of the fine punishment in the legislation is the foundation of that the fine punishment can effectively display its function.The determination of a country fine punishment disposition scope not only need the science penalty theory basis,but also connect with a country's realistic condition as well as the situation policy closely, because, the author thought that our country fine punishment the disposition scope's determination should carry on discussion unifying the theory and the reality. Mainly from the penalty value, our country's realistic condition and the criminal policy two aspects to sought for our country fine punishment disposition scope definite basis. The third question author proposed some own suggestions on our country fine punishment disposition scope's consummation , thinking that the fine punishment disposition scope in our country criminal law should to consummate from the following several aspects:First, to expand the disposition scope of the fine punishment in each chapter of the criminal law minute as a whole; Second, expansion to fine punishment disposition scope in light crime; Third, should expand fine punishment disposition to the reckless crime; Fourth, consummation to person directly responsible's fine punishment disposition in unit crime.The second part of the article is our country fine punishment's disposition pattern, the so-called fine punishment's disposition pattern, refers to the legislative pattern which adopted when to dispose fine punishment to concrete crime punishment. The fine punishment's disposition pattern which discusses in here is only the fine punishment's first assignment in the legislative . The fine punishment's disposition pattern has direct relation with how can the fine punishment be suitable in the judicature, to the fine punishment's disposition pattern's reasonable legislation, has decided the fine punishment judicature suitable good results directly. Therefore, in the legislation, adopts the significance to the fine punishment's disposition pattern to be significant reasonably. The first question is various countries' fine punishment disposition pattern overview, legislates about the fine punishment disposition pattern, according to the various countries' vertical legal regulation, mainly has the following several kind of disposition pattern. First, single branch fine system; Second, elective fine system; Third, and branch fine system; Fourth, commutes a punishment the fine system; Fifth, compound fine system; Sixth, attaches the branch fine system; The second question summarized the present criminal law fine punishment's disposition pattern in our country, including summary and evaluates to two aspects to the present situation . The third question author proposed own suggestion about our country fine punishment disposition pattern's consummation , the author believed that our country fine punishment's disposition pattern mainly should consummate from the following several aspects: First, uses the single branch fine system disposition the pattern; Second, increases the proportion of the elective fine system disposition pattern ; Third, to reduce the proportion of must and the branch system disposition pattern in the criminal law. Our country fine punishment's disposition pattern must adopt the single branch fine system in certain slight crime; Expands the proportion of the elective fine system disposition pattern , and pays attention to the elective fine the position, should not all after; Becomes primarily take must and the branch fine system by must and the branch fine system as auxiliary, such disposition pattern then meets the requirement which our country fine punishment's development and disposition range extension.The article's third part is about the determination of our country fine punishment disposition amount. The first question has carried on the summary to the fine punishment amount's legislative way, to determine the fine punishment amount legislation way is the fine punishment legislation's center link, the scientific definite fine punishment amount's legislative way, causes the fine punishment to conform to the crime punishment to the criminality attack to adapt the principle, has the important meaning to the fine punishment penalty function's full display. Comprehensive survey various countries criminal law, fine punishment amount legislative way mainly for the following several kinds: First, non-quota fine system; Second, quota fine system; Third, time of ratio fine system; Fourth, date volume fine system. Because the fine punishment is such penalty that takes eliminates certain money as the content , to determine the fine punishment amounts is especially important in the legislation, is one of factors that decided can we realizes the goals of fine punishment penalty or not. The legislation principle's determination of fine punishment amount directly has decided the fine punishment amount's determination.Therefore, discussion to the legislation's principle of fine punishment amount is necessary, has been clear about the legislative principle of fine punishment amount , can instruct the determination of the fine punishment amount .Scientific nature of fine punishment amount legislation principle finally decide the fine punishment amount's scientific nature. Therefore the article studies the second question about the fine punishment amount legislation's principle, synthesizing our country scholar's viewpoint, is as follows to our country fine punishment amount's legislative principle summary:First, fine punishment amount relatively definite principle; Second, fine punishment amount moderate principle; Third, forms ratio principle with the free punishment; Fourth, adapts the inflation principle unceasingly; Fifth, relatively equal rule. After the fine punishment amount's legislation determines in principle, The third question has carried on the summary to our country fine punishment amount's legislative present situation. How does our country fine punishment amount's legislative present situation refer to how our country criminal law is stipulates to the fine punishment amount. Our country criminal law minute to the fine punishment amount's stipulation is mainly by the non-quota fine system primarily, the concrete manifestation may summarize for the following several aspects:First, disposes the non-quota fine system to the massive charges; Second, time compared to the fine system is the economy class crime amount main stipulation way; Third, the quota fine scope has not formed ratio relations with the free punishment; Fourth, does not have the amount scope to the unit crime disposition's fine punishment, the related responsible persons' fine disposition does not have the rule. In the fourth question author put forward the related proposal to our country fine punishment amount's legislative consummation. The preamble elaboration is very easy to discover that the present situation of the fine punishment amount's legislation way in our country criminal law have insufficient, obviously should carry on the consummation from many aspects. Our country fine punishment legislation amount's consummation is under the fine punishment expanded suitable big background, and is established in the fine punishment disposition scope, in the disposition pattern perfect foundation. According to the fine punishment amount's legislative principle, our country fine punishment amount's legislative way needs to consummate from the following several aspects: First, change by non-quota fine system legislation way primarily, and mainly should use the quota fine system; Second, stipulates the lowest quota and the ceiling in the fine punishment of the criminal law general rule ; Third, consummation fine punishment and free punishment ratio relations; Fourth, unifies the disposition fine punishment to the unit crime's person directly responsible, and is clear about the fine punishment amount.Following the world penalty's leisurely tendency, the fine punishment will be improving in our country criminal law status, the disposition scope will further expand, the disposition pattern and the disposition amount even more will tend to reasonably. The fine punishment will further impel our country criminal law system's rationalization degree in our country criminal activity legislation's rationalization, will enhance our country criminal law the modernized level. Simultaneously enables the fine punishment the function to obtain the full display, causes our country's penalty system to be leisurelier, the humanity.