On The Judicial Application Of Penalty

Criminal fines that the court sentenced the perpetrators (including the units) to the state to pay a certain amount of money all of its penalties.In China penal system as an additional punishment, criminal fines has many advantages:does not directly address crime and the person on the offenders the impact is relatively small; do not detained offenders, thereby saving the cost of state regulation; can be divided nature of the implementation of simple and so.Because of the many advantages of criminal penalties, our new quot;Criminal Law" expand the application of criminal penalties. However, in the application of criminal penalties in the process also exist many problems.For example, it is fine for the conceptual understanding of criminal there is a big difference, of Penalty in the quota system and quota-free under the new system is also a result of the amount of a specific law to determine the provisions of Article is not clear and a problem specific application to criminal fines and penalties plot the relationship between the multiple crimes during the application of criminal penalties, fines sentence discretionary basis, as well as crimes committed by units in how to apply and so on Penalty. The existence of these problems is not conducive to the practice of a specific criminal conviction and sentencing of people, is not conducive to Chinese rule of law building.For this reason, I try through the basics of the premise of criminal fines narrative, thus specifically addressing the issue of fines and penalties in the application of personal views on these issues with a view to a specific criminal penalty can provide a useful reference for judicial application.This paper is divided into four chapters, the first chapter is devoted to the nature and function of criminal penalties to the full exposition of Penalty existence of reasonable and necessary, so as to discussion of the specific application of criminal penalties to lay a solid theoretical basis. Chapter II of the equality of Penalty, a fine criminal lead the movement, a fine punishment lead to "atonement money" three issues discussed, inequality is not obtained criminal fines, criminal penalties and will not lead to implicate innocent people, as well as criminal fines and the "atonement money" are essentially different conclusions. Chapterâ…¢is the full text of the focus, focusing on criminal fine in the quota system and quota-free under the new system to determine the amount of specific issues, criminal fines and penalties applicable in specific circumstances of the relationship between the multiple crimes during the application of criminal penalties, fines sentence discretion based on the issue and other issues are discussed and put forward their views. The fourth chapter deals with crimes committed by units applicable to the issue of Penalty to discuss crimes committed by units of the main problems of criminal responsibility, the unit identified the plot of crime sentencing, as well as units of recidivism, through discussion of these issues to note in these circumstances the unit as well as crimes committed by units of natural persons in how to apply criminal penalties, and then draw their own conclusions.