On The Application Of The Criminal Fine, A Few Questions

With the rapid development of the society in all fields and more and more demand for efficiency, judicial activities will takes fairness and effect as the main task. The civilization of criminal punishment is improved step by step and its release gets clear. The short free punishment isn't get desired function in correction and prevention of light crime and profit corruption crime and the defect is clear. The economic principle and humanitarian principle of criminal punishment become the important principle in the criminal punishment theory of all countries. More attention is paid to fine penalty day by day. As a light punishment, fine penalty has its unique advantage. It is observed that the wide application of fine penalty makes the fine penalty more fully play its role that has become the demand of the age.The fine penalty was established officially in the criminal law of our country in 1979 and the revised criminal law revised in 1997 greatly enlarge the application scope of fine penalty. On November 15, 2000, the highest people's court sets out the judicial explanation of the Stipulations on Some Problems to Apply Property Punishment, which made more detailed regulation for the application of fine penalty to improve the fine penalty day by day. However, there are some thinkable problems on fine penalty in the legislative and judicial practice. The writer found in the work that the court has some problems in applying fine penalty. For example, small application scope, little application rate, abusive trend in application, general legislation in execution, unclear executive body, nonstandard type and difficult execution and so on. The writer further analyzes the reason of these problems by analyzing the substandard phenomenon in the fine penalty application practice and pints out the harm of fine penalty on our judicial system and tries to raise the way to settle these problems. It emphatically analyzes the problem in fine penalty execution and its reason and puts forward relative suggestions.By this paper, the writer hopes the fine penalty can be recognized and applied correctly to make it play its advantages fully by updating concept and perfecting legislation. We should overcome the two trends by perfecting system to properly increase rate,enlarge scope,apply darefully and avoid abuse to make the judicature fair.