On The System Of Fines Criminal Division

With the development of penal leniency, the criminal fine has held the important status in the world penal system. Meanwhile, the implementation of the criminal fine is difficult all over the world. The criminal fine exchanging institution can safeguard the criminal fine to be carried out completely. With the rapid development of the socialist market economy of our country and the enhancement of the unit crime rate, the criminal fine status in our country's penalty system will be improved and scope of application will be expanded further, but the implementation rate of criminal fine is very low in our country. Therefore, the author designs the criminal fine exchanging institution on the basis of combining our country conditions and adapting to drawing the lessons from legislating and practice abroad.This article has four parts:The first part inspects the concept, the origin and the historical evolution of the criminal fine exchanging institution at home and abroad. The author believes that the criminal fine exchanging institution is a kind of accommodating execution systems when the criminal fine can't be executed completely (including refuse to pay and cannot afford), the court rules to exchange the criminal fine into the punishment against freedom or other punishment measures to replace the announced criminal fine or that hasn't been executed completely.The second part proposes and proves that the criminal fine exchanging institution consists with the goal of the criminal fine, doesn't affect the penal functions, doesn't use the penalty to replace the criminal fine, conforms to the people's multiplication values, doesn't violate the equal principle and is different to the crime of refusing to execute the court decisions and rules, through evaluation the viewpoints about it of our country criminal law academic circles. After that, the author proves the rationale of the criminal fine exchanging institution from two aspects, one is the basic point of its establishment that is the penalty identity, and the other is its designing idea that is the penalty goal. Finally, the author proposes and proves the criminal fine exchanging institution conforms to the just value and the benefit value.