Fine Of China System Of Review And Improvement

Fine penalty is an important component in Hesperian penal system. Many countries have founded unrestricted and fine centralized penalty system. However, no sufficient regard has been given to fine penalty, and fine penalty system plays no important function in china. Considering the advantages and disadvantages of fine penalty, this paper's main purpose is to put forward the idea of perfecting china's fine penal system, based on the author's sufficient survey of the historical evolution of fine penal and foreign experimental practice. Firstly, the paper give a review to the historical evolution of fine penal in china and west countries, then the author concludes that it is well-regulated in the evolution of fine penal system, it develops along with the economy. Fine penalty have centcenturies-old history and brilliant future. Fine penalty will play more and more important role in the development of criminal penalty system. After that, the conception of fine penalty is given in theoretical aspect, and the theoretical foundation is surveyed in the paper. The author think that the modern fine penal is the result of low-grade crime penalty. Based on the studies of all the Occident regulate of fine penal, this paper make further research to the china actuality of lawmaking and judicature, then the paper discuss the limitation of fine penal system in china. The paper oppose the appeal to arise fine penal to the main one ,with considering that it is reasonable to treat fine penal as additional penalty, otherwise it can only lead to confusion of penal system. Chinese fine penalty apply mainly to corrupt crime, which is a very narrow area, and it plays not function to contradict misdemeanor and misstep crime. The main problem of china fine penalty is that too high proportion are given to fine penalty, materially conflicting with the principle of crime law. The Chinese fine penalty system's main problem is that, the principle of crackdown is too singleness, only regarding the crime record regardless the economy condition of the crimer, so there are little effect in fine penalty in china. This paper consider it is reasonable in the implement of fine penalty, but demur with the paying system at any moment of fine penalty considering it is unreasonable. This paper think the main existing problems of fine penalty is that the unbalance in fine penalty measurement, the existing phenomena of first accept and second inquest, the difficulty on the implement of fine penalty which is caused by the wrong...