On The Application And Enforcement Of The Penalty

With the rapid development of market economy and modern scientific technology, the economic and unit crime is increasing and the fine penalty is used widely. Some problems appear in judicial practice unavoidably. Further more, the problem that the fine penalty is carried out uneasily becomes a common problem all over the world. This article probes into the question of the application and implement of the fine penalty.The essay consists of three parts. Part one, application of the fine penalty. It states the principles, the methods of application of fine penalty and tells how to decide the amount of the fine penalty correctly so as to measure punishment accurately. At the same time, it talks about the application of fine penalty in cumulative punishment. At last, it also discusses the necessity of making a limitation of fine penalty system in criminal law in China. Part two, implement of the fine penalty. The article explains the method of implement of the fine penalty using the criminal law stipulation of china and foreign countries for reference, and it analyses the problem deserving notice in the course ofimplement of fine penalty, and it expounds the foundation of setting up the probation system. Part three , In view of the legislative shortcomings appearing in practice, the essay puts forwards some good advice on how to make it perfect.