Fine Of China The Status Of Implementation And Legislative Proposals

Fine penalty is one of the types of accession punishment in Criminal law. As the development of society, the request of lighten criminal law is strengthened. Belongings penalty, especially fine penalty, meet with much recognition. Based on the condition that China at primary stage of socialism and enlightened by abroad legislative experience, the legislators expanded the scope of application of fine penalty when revising criminal law code in 1997. It's one of important signs.According the explanation of Criminal law, the fine is a punishment for criminals who are condemned by the People's Count and is a payment of a certain amount of money to the country. But it should be pointed out that the meaning of the changes only in Criminal law code is very limited, which can not replace the reformation of society. The revised criminal law is too rigid in the amount of the fine and the execution of the fine that restricted the rationality of fine punishment and the feasibility of execution to a certain degree, which results in the difficulties of execution of the law, vain judgment and low rate of the execution of the law.The thesis is composed of four parts:Part one is preface. The author points out the meaning of writing the essay.Part two examines the fine penalty system in 1997 criminal law and analyzes legislation conditions and legislation deficiency.Part three the author explores and explains the reasons why it is difficult to execute the fine, and points out lots of questions.In part four, the author think it is very important that scientific and reasonable laws should be established to achieve the punishment of this fine and therefore solve the difficulties of executing the fine. For example, reform and revise some rules of our current criminal law; revise adjective law in order to establish perfect criminal execution system; establish an encouragement system that encourages the criminal to pay the fine before determination and execute the fine after the determination. In order to implement the fine, a fine deferred payment system, system of alternative imposition of penalties and a fine probation system should be established.