Criminal Fine Study

The pecuniary penalty, after a long historical development, has experienced several climaxes and troughs. But with modern human rights' awareness, pecuniary penalty is returning to the penalty system center stage, and its status is in a constantly improving trend.Though the 1997 Criminal Law has been amended by several times, compared to the continuous development of Chinese economy and society, it ultimately is short of the substantial improvement in the structure of the Criminal Law and the penalty system, just amended or increased some details of the Criminal Law. Therefore, the 1997 Criminal Law still has not followed the new social and the new age characteristics, and is behind the current development level of the criminal law theory in China. Especially in the application of pecuniary penalty, it has lagged far behind the realistic level which the social development is really needed.Because of this reason, the thesis is expected, through the discussion of the essence, applicability and so on of pecuniary penalty, to be able to provide some ideas and suggestions to the reform of China's criminal law.The chapter one mainly introduces the concept, essence, function and the advantages & disadvantages of pecuniary penalty. On the foundation of the understanding about pecuniary penalty, the author introduced deeply the essence of pecuniary penalty, and analyzed the differences between civil compensation, other penalties and pecuniary penalty. Meanwhile, it analyze the function and the advantages & disadvantages of pecuniary penalty.The chapter two mainly introduces the applicability of pecuniary penalty. Author introduced the unique effects and applicable advantages of pecuniary penalty to the crimes that is trifling, the crimes related to the material benefits, the negligent crimes and the unit crimes. Meanwhile, through analyzing the large-scale applicability of the pecuniary penalty in the Britain, the United States and the France, and discover the advantages and disadvantages of such applicability in such countries.The chapter three basically introduces how to determine the amount and the executive procedures of the pecuniary penalty. It introduces and analyzes in detail the foundational principles and procedures about how to determine the amount of pecuniary penalty respectively in the legislative layer and the judicial layer. Through the brief introduction of the basic principles of pecuniary penalty's execution, it evaluates and analyzes the freedom penalty-exchanging, prisoning labor-exchanging, free labor-exchanging, civil prison-exchanging and advices-exchanging procedures of the pecuniary penalty.The chapter four, after briefly reviews and analyzes the attitudes toward pecuniary penalty after the Chinese liberation and causes to induce such attitudes in the China, puts forward five suggestions to perfect pecuniary penalty in the Chinese criminal law:improving the pecuniary penalty into not only the auxiliary penalty but also the main penalty; Expanding the applicability of pecuniary penalty; Reducing the provisions of the unlimited pecuniary penalty; Establishing and improving the judiciary practice of the determination of the pecuniary penalty amount; Establishing the pecuniary penalty exchanging institutions.