Study Of The Criminal Fine Enforcement Regime

Nowadays, the criminal fine has been paid equal attention as the freedom penalty in the penalty structure system of western world. From the early 20th century till now, the criminal fines becoming more and more important in the penalty system and it is widely used all over the world. The fine penalty in our country has made a big achievement in past decades. The number of accession that can be applied by criminal fine increased from 20 to 169. However, in judicial practice, the difficulty of the execution of criminal fines has been plaguing the judiciary all the time. This phenomenon has not only undermined the credibility of the judiciary, but also hurt the legislation's authority. This paper analysis and discuss the related issues of the practice on the basis of the statistics which come from the fme execution and put forward solutions and recommendations to solve this problem. The full text is divided into three sections.The first part is the outline of criminal fine and execution system. The author defines the concept of criminal fines first, and then introduces the provisions of criminal fme. This was followed by a brief summary of the application of the criminal fine in the legislation in the countries around the world. This part is closed by a brief introduction of relevant provisions of the Penalty implementation in the Criminal Law of our country.The second part is the analysis of the status of the implementation of Penalty. The part is the focus of this paper. The article analyze current situation of the implementation of criminal penalty. The first part of the article discusses several features of the Penalty implementation in order to reveal difficulty of it. Then give the reasons of it. Finally summarize the deviation during the implementations and try to seek out its deep reason.The third part is the proposal to perfect the implementation of Penalty system. This part is the most important. The author discussed following aspects: First, establish the property investigation and property protection and the procedure of discretion pleadings system of the criminal to improve the implementation of the safeguards system of criminal penalties system. Second, set up the system of penalty suspended. Give full play to criminal fines from the functional to achieve the purpose of requirements of penalties, fines suspended should be set up in China's criminal system. Third, the introduction of fine penalty exchange system. Judicial practice from abroad showed penalty exchange system is the most effective way to solve the problem of the implementation of Penalty. After referent its legal foundation we have reason to believe it is a good choice for us to establish the criminal fine exchanging system in our country.