Criminal Fine Of Rational Thinking

Fine penalty, one of the types of punishment in Criminal law, is a hottopic in the theoretic system about criminal law and in practice from thevery beginning of its coming into being. Base on the condition that Chinais at primary stage of socialism and enlightened by abroad legislativeexperience, the legislators expanded the scope of application of finepenalty when revising Criminal law code in the fifth session of NationalPeople's Congress on March 14, 1997, which was reflected by the factthat fine penalty was widely set in the Specific Provisions in criminal lawat that time. It is regarded as a significant movement towards theinternational trend that the criminal punishment should be lighter and lessaggressive by a lot of scholars. But it should be pointed out that themeaning of the changes only in criminal law code is very limited, whichcan not replace the reformation of society, before the concept is changed,the theory is rethought, the system is reconstructed and the socialstructure is adjusted. In this thesis, the author lays emphasis on the theoryand analyzes several main problems in applying fine punishment to casesin practice on the basis of existing academic views, aiming at puttingforward some constructive suggestions on how to complete fine penaltyboth in legislature and in practice. The thesis is composed of five parts. Part one is preface. Accordingto the fact that fine penalty is widely set in criminal law while is limitedused in practice, the author points out it is necessary to change ideas,perfect theories and reform social construction. Part two examines the fine penalty system in 1997 criminal law andexplores problems and negative consequences which are caused byimproper use of fine penalty , for example ,the justice is not realized andthe authority of law is impaired . Part three explores the differences in fine penalty system betweenthe west and east law by means of comparison. In part four, the author analyzes the foundation of fine penalty fromthe following angles: the special state condition, the concept of crime, theculture and the traditional concept of fine penalty and the economy ofusing it. Part five is about how to apply fine penalty. To begin with ,theauthor makes it clear that the intention of using it is mainly to preventcrimes being happen rather than revenge . Then the author points out thatfine penalty should be used carefully in practice under the condition thatchina is in the period of transformation.