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Fine Of China System

Posted on:2012-12-14Degree:MasterType:Thesis
Country:ChinaCandidate:X Y WangFull Text:PDF
GTID:2206330335457416Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In recent years, the further appliance of penalty has been the tendency of the penalty system reform all round the world. Scholars across the world have done some in-depth study in penalty. China also conforms with this trend, including further appliance of the penalty, issuing eight amendments and so on. All of these show the increasing importance of penalty in our country. At the same time, it becomes more and more important to further reform and perfect the penalty. So this essay selects the penalty as the study object.Different people have different opinions about penalty. This essay compares the advantage and disadvantage of penalty through analyzing its essence and reasonable base. Although the penalty in our country has some unique features, there are some irrationals, for instance, the legislation setting of penalty is not scientific and there are some disadvantages in appliance range and approaches, the limit of the amount and the method of paying. There are other irrationality in the process of putting the law into practice,such as, pay the fine first, then sentence, paying fine is the precondition of the sentence reduction and parole, which are harmful for the penalty to put its advantage into full use, also are against the authority and seriousness of the penalty law. So at last, this essay expresses how to establish a scientific and reasonable penalty system, and play its role in the whole criminal system.There are three parts in this essay: introduction, main body, conclusion. The main body includes four chapters. First chapter is about the general introduction of the penalty. Second chapter talks about the theory base of penalty. Third penalty is about the current situation of penalty legislation and description of its practice appliance. The last chapter is about perfecting the penalty system through five aspects.
Keywords/Search Tags:penalty, current situation, system, perfect
PDF Full Text Request
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