Fine Of China Status Of Rational Thinking

Nowadays, the penalty of fine as an alleviative and humanistic wayof punishment has arouse the attention of all the countries in the word,and penal leniency is an important sign of modernization of penalty. Thenew penalty code of our country has greatly widen the range ofapplication of fine penalty, but it still a kind of supplementarypenalty. To meet the requirements of our socialist economy and theadministration of justice, conform to new crime and penalty theory,fine penalty should become a kind of principal penalty, and it can becombined with the other principal penalty.The first part is s survey of the position of fine penalty in the penalsystem. The author makes a compare of legislative position of fine penaland its practice in the administration of justice both home andabroad. We can get the conclusion that our position of fine penalty is notwhat it should be, both in legislation and judicature.The second part expounds the economical basis of principalposition of our fine penalty. The more our economy developed, the morehumanistic people require our penalties to be. That fine penalty play srole of core penalty in the penal system is an important way to penalleniency. In order to meet people's requirement, we should make finebecome principal penalty.The third part expounds the philosophic basis of the principalposition of fine penalty. In most developed countries multiple-factortheory of crime and modern penalty theory is one of the importantreason why they define fine penalty as a principal penalty. Nowadays,the modernization of our causationism of crime and penalty theoryprovides us with philosophic basis of principal position of fine penalty.The fourth part analyses the judicial basis of the principal positionof fine penalty. As the development of the society, property crimes,minor offences, negligent crimes and institutional crimes increasequickly, and application of fine penalty is beneficial to punish and prevent these crimes. So to punish and prevent these crimes effectively,fine penalty should become a principle penalty.In conclusion to meet the requirements of our society, fine penaltyshould become a kind of principal penalty, and it can be combined withthe other principal penalty.