The Rethink And Optimization Of Execution System Of Fine Punishment In China

Considering the dilemma of the execution of fine punishment in China, this paper propose that theprimary cause is the shortage of the object of the execution and abstract it as two kinds: it is impossibleto execute objectively and it is unwilling to pay subjectively. Based on this, the author try to start withadjudication and procedure of execution, connect with substantive law and procedure law and rethinkand research the current execution of fine punishment in the theoretical base of the integration ofcriminal judicature. Combine with the Amendment Ⅷ to the Criminal Law of the People's Republic ofChina, the opinions of several questions about regulation the sentencing procedure(trial implementation)and the new criminal procedure law, the article focus on some important issues about the finepunishment in order to coordinate and improve the operation mechanism of the execution of finepunishment.According the research approach above, after a lot of theoretical analysis and empirical research,the author believes there are substantive and procedural reasons for shortage of the object of finepunishment. From the substantive law perspective, the current arrangement mode and discretion way ofthe fine punishment has some problems, also the sentencing system is not coordinate with the theory ofladder of punishment and criminal policy, which has logic contradiction. From the procedural lawperspective, for the execution of assets, the pre-trail stage,the trail stage and the execution stage of thecriminal procedure fails to cooperate with each other. The reasons why the shortage of the object of finepunishment are lacking of preventing system and punishing procedure, the shortage of the object of finepunishment.Focus on these problems, the author raises reform plans correspondingly. From the substantive law,we should decide the sum of fine punishment according the articles of criminal law and considerproperty condition of the criminals at the same time. At the same time, we should reform the sentencingsystem of fine punishment, enlarge the scope of application of the proportion of criminal fine andimprove the system of demanding payment at any time in order to maintain the coordination andself-consistent of the system of punishment of property. From the procedural law, we should take thewhole procedures of criminal litigation into account and establish the procedure of investigatingproperty and property preservation in pre-trail procedure. Finally, the fluent, comprehensive andscientific operating mechanism of fine punishment will eventually comes true. When it is impossible toexecute objectively, the substantive law and procedural law will cooperate with each other, whichachieve the objective of fine punishment and fully protect the lawful rights and interests of criminals.When it is impossible to execute subjectively, through establish corresponding procedure beforehand,we could avoid this situation and improve the punishing system in substantive law.Otherwise, for standardizing the whole environment of punishment, it is necessary to publish thecriminal execution law in China. On the one hand, which helps coordinating the internal order of theladder of punishment of property, preserving the dignity of judgment in the execution and publicrecognition. On the other hand, we could efficiently utilize the limited judicial resource in order to lower the possibility of repeated crimes of the criminals. Only by multi-facetted approach, we couldbreak through the dilemma of execution of fine punishment and establish the coordinated andself-consistent operating mechanism of fine punishment.