Research On Environmental Criminal Fine Punishment

Fine punishment refers to the state court sentenced criminals pay its all a certain amount of money the punishment. As a kind of old punishments, fine punishment of countries in the punishment system plays an important role, already became widely application punishment method. Freedom penalty par with pecuniary penalty punishment structure of most countries become center. But, our country criminal law theory because of crime, while the influence of light penalty of fine punishment, the research also insufficiently thorough, system, can be a good guide our fine punishment of legislation, compared with other countries, fine punishment on the backward, do not accord with institutional punishment system development trend. Along with our country socialist market economy construction, as the all-round development of economical environment, the environment is increasingly significant crime rising trend evident, crime in environmental crime fine punishment for the disadvantages of backward revealed. Although the criminal law in 1997 revised in environmental crime dramatically increased the terms of fine punishment, but this to curb environmental crime effect is not very significant, investigate its reason is due to China's punishment in environmental crime fine punishment and the suitable too formal, do not targeted. Therefore, fine punishment should expand applicable. From the normative perspective, fine punishment in environmental crime has expanded object for the Legal punishment, suitable conditions, and applicable on procedural; From the essence level dialysis, fine punishment in environmental crime for the interests expand on compensability, value orientation, and operational flexibility. In environmental crime fine punishment for criminals, countries expand applicable, and society both can play a positive role for criminals are concerned, this:the system has the adjustment, deterrence function; For countries that have, this system contain and prevent function; For social speaking, this system has the balance, Sympathized with function. In environmental crime fine punishment for content should including expanding applicable way, applicable objects, scope of expansion.Fine punishment for various environmental crimes for expansion has profound theoretical basis points. To view to survey of the philosophy, dialectical materialism and dialectical materialism and historical materialism in environment for fine punishment for crime the existence of enlarge lay the theoretical system of the support; Is concerned, fine punishment legal in environmental crime is expanding with justice is the topic of utilitarianism of meaning; Criminal theory Angle fastidious, prevention and retribution for playing we walk in the environment of the existence of expanding applicable criminal provides card into basis; In addition, it also has the unique economic and humanitarian sex, accord with the progress of mitigation venial penalty. Fine punishment for media on money due to the offender reproach, to offer his personality, and the impact of the only mild pain, this property punishment of the offenders of environmental criminal punishment, is more targeted the plasticity of the human nature with developmental, concreteness and social unity of combining the inevitable.