Building Our Criminal Fine System Research

With the moderate development of penalty, criminal fine has occupy an important position in the world Penal System . At the same time the Executive of criminal fine has also become object of people's attention. How to make established judgment in the court to be executed thoroughly, how to overcome "Uselessness Fines Punishment " as a result of the offender refused pay the fine is a difficult problems which placed in the national community of justice theory and practice . Any sentence means, which determined by the verdict, should be fully implemented, Otherwise, not only can not achieve the purpose of punishment, but loses the prestige of the national judiciary, and even encourage crime. The exchanged penalty systemas most Western countries to solve difficult criminal fine effective means of implementation, Its safeguard effect of the operating of fine punishment have been proved by judicial practice in many countries. With China's rapid economic development, the application rate of Penalty will also be improved, but the low rate of implementation has become a big obstacle for criminal fine . If there was not reform- enforcement regiment for criminal fine in current, which would not be able to adapt to China's development. Therefore, the write reference to foreign legislation and practice, Combined with China's national conditions, designed for China's exchanged penalty system .The first part discuss Theoretical basis of the exchanged penalty system, including the origins of the exchanged penalty system, modern development, concepts and theories. The writer believe that the exchanged penalty system means that declared Criminal Fine for Offender, in the circumstances of offender refuses to pay or not pay the fine, and court ruled commutative penalty of deprivation of freedom or other punitive measures implemented replaced fine implemented, as the exchanged penalty system is finished. As early as the Qin Dynasty in China, "Qin riches Penalty " was subject to replace the debt with service labour, but there are practice examples of the exchanged penalty system after the founding of the PRC. The theoretical basis is applied and utilitarianism, and penalties and to view and doctrine. The penalty value includes the value and benefits of the value of justice. The second part is the comments of foreignthe exchanged penalty system . Through different modes of list and comment on Criminal Fine in Switzerland, Italy, Germany and other countries, summing up the exchanged penalty system labor reform and the exchanged penalty system is suitable for our model.The third part is basic analysis for building of the exchanged penalty system. The writer discussed necessity of the exchanged penalty system from three aspects, which is benefit the realization of the penalty goal, which is advantageous to solve difficult of the exchanged penalty system , execute, which is the best choice to solves the minor crime fine punishment. Discuss the feasibility of the system construction on the basis of its legal basis and realistic basis of social ideas transform.The fourth part commute concrete suggestions for construction of our the exchanged penalty system. The writer designed the Punishment of Criminal Fine and the exchanged penalty system control of labour reform, which stated from Criminal Fine sentence, the selection of species and Criminal Fine specific procedures, at the same time,put forward establish the exchanged penalty system facilities that is established at the amount of fine system.