The Investigation And Reference Of Japanese Penalty System

Fine penalty has a long history, but in a long period, it was attached little attention to. As criminal penalty of other countries became more and more mitigative and humane, fine penalty began to be widely used and its status in criminal law system rose day by day. Our country expanded the scope of application of fine penalty in1997. However there are still a lot of problems in the legislation and practical application remaining to be settled. Japan is one of our neighbors, its cultural background and historical traditions are very similar to ours. And it’s important that Japan has formed a relatively completed system of fine penalty. The applied rate and execute ended rate of fine penalty are both extremely high. So I consider that we need to refer to the fine penalty of Japan and find its strong point which we can draw lessons from to solve the application problem of fine penalty in our country.In this article, we start from the concept of fine penalty between China and Japan.First we abstract the concept of fine penalty, and then we sum up the characteristics of fine penalty. After that we analyze all the strong points and weak ones of fine penalty.It is fine penalty’s strong points outweighing the weakness that it is widely used nowadays. Whether we develop its benefits and avoid its disadvantages or not is one of the most important standards of judging the system of criminal penalty.The fine penalty in Japan has a long history, too. It can be traced back to ransom copper penalty in the Nara Period and it was legislated officially in The Meiji Period.According to the latest revision of the 2013 November The Japanese criminal law,fine punishment is set as principal punishment and gets widely used. There are large differences of the amount set ways and application ways between China and Japan in fine penalty. In application, the fine penalty in Japan takes the total fine as basis making its applied rate much higher than any other kind of punishment and become one of the most commonly used penalties. At the same time, it can be executed smoothly, benefitted from many characteristic implementation systems in Japan, such as prescription of execution of sentence,Pending detention system,reprieve system,criminal fine exchanging institution,The implementation of heritage system.Through the investigation of the penalty system in Japan, we can find many excellent points to learn from. For example,we can promote the status of fine penalty in the criminal law system in China, optimize its distribution of legislation, expand its scope of application and refer to reprieve system,criminal fine exchanging institution.