A Study On "the Exchanging Institution Of The Criminal Fine"

The criminal fine is a punishment which forces offenders to pay a certain amount of money to the State. In our country, the criminal fine is one of the main punishments which are sentenced to offenders by the people's court in trial practice,also it is a common proplem to put the criminal fine into execution in executive practice.While the criminal fine is being often sentenced,how to carry it out successfully is being a problem to be solved urgently.To solve the problem, the criminal scholars and the judicial practice workers both at home and abroad have tried many methods. In the country outside,the exchanging institution of the criminal fine is permitted as a measure which can safeguard the criminal fine to be carried out completely.But,in china,it is criticized by many scholars. In this thesis,the author designs the exchanging institution of the criminal fine of china on the besis of combining our country conditions and adapting to drawing the lessons from legislating and practice abroad.This thesis consists of four parts except the preface and epilogue,and about 30000 words.The first part inspects the concept and the historical evolution of the exchanging institution of the criminal fine at home and abroad.First of all,the exchanging institution of the criminal fine is a kind of accommodating execution systems when the criminal fine can't be executed completely,the court rules to exchange the criminal fine into the punishment against freedom or other punishment measures to replace the announced criminal fine or that hasn't been executed completely.Then,by analyzing the concept and the historical evolution of the exchanging institution of the criminal fine,we can see that it is not a new institution.That second part proposes and proves that the exchanging institution of the criminal fine doesn't affect the penal functions,doesn't use the penalty to replace the criminal fine, doesn't violate the principle.After that,the author proves the rational of the exchanging institution of the criminal fine from three aspects.The third part proves the necessity of the establishment of the exchanging institution of the criminal fine in our country from three sapects.Meanwhile,the author proves the feasibility of the establishment of the exchanging institution of the criminal fine in our country from two aspects.The fourth part introduces and evaluates the varies designs of the exchanging institution of the criminal fine of scholars in our country,then the author designs the exchanging institution of the criminal fine on the besis of combining our countey conditions and profiting from legislating abroad,that is to exchange the criminal fine into the punishment against freedom on the condition that the offenders have the ability to pay the criminal fine but intentionally don't pay,and into the Volunteer labor on the condition that the offenders truly don't have the ability to pay the criminal fine.