Fine Of China Less Than Perfect

Modem penalty becomes more and more leniency as time goes by. Its main sign is that fine penalty plays a significant role in the penal system .In some developed countries fine penalty even gets the same position as imprisonment. Developed countries have been paying more attention to the function of fine penalty, not only have been widening the range of application of fine penalty and increasing the rate of application of fine penalty, but also paying more attention to theoretical research of it Comparing with developed countries, fine penalty of our country is very backward For example, the range of application of fine penalty is very narrow, a majority of misdemeanor concerns no fine penalty", the amount of fine penalty is unreasonable, and there are so many fine penalties without cap limit, which make it unrealizable; the affiliated position of fine penalty is not conform to the trend of modem penalty, without a perfect system to prosecute fine penalty and so on .So we must analyze thoroughly provisions of fine penalty in our new criminal code and perfect it in order to made it operative. This article firstly tries to analyze the defection of legislation and application of our fine penalty and then gives some suggestions to improve it.The first chapter concerns some basic theoretical problem of fine penalty. From here we know the definition, character and function of fine, it also points out the essence of fine penalty, and lists its advantages and disadvantages.The second chapter analyzes the main problems of fine penalty in legislation and actual judicial application and its reason. We know that its main problems are: its method of application is inflexible; the scope of fine is too narrow, so its hardly to find fine in kinds of misdemeanor, the reason of provision relating to amount is insufficient, so it always leads to arbitrary judgment; the holdings of fine are unharmonious and so on. In a word, the fine of our country is not a leniency penalty. The following paragraphs explain why the aforesaid problems exist. The reasons are: firstly, the legislation of fine is still influenced by our traditional legislative theory; secondly, it deprives criminal's lawful wealth, and wealth is different from life and freedom that everybody equally possesses, and so on.The third chapter puts forward eight proposals for perfecting our fine penalty...