On The Applicable Improvement Of The Fine Penalty

The fine penalty is that the Court adjudges the offender to pay acertain amount of money to the state property criminal according to law.From the late19th century to the present, the status of the fine penaltyin the national penal system is increasingly important. Backdrop ofPenalty, Western countries have entered the era of free criminal and finepenalty, the penalty system, the fine penalty is given more significance.In China, in1979the terms of the criminal law, fine penalty is notapplicable in practice less. Although the new criminal code in1997toexpand the scope of application of the fine penalty, the judicial practicein the application of the fine penalty rates are also increasing, but bythe concept of the traditional penalty, the application of the finepenalty, did not get real attention. At the same time, the applicationof the fine penalty there are some problems in the legislative and judicial.For example, a fine penalty applies Methods sex crimes to the lack ofuniform principles and clearly defined; order and a fine penalty basedlegislative model is a serious shortcoming; the fine punishment JudicialDiscretion in the lack of a workable standard to guide, unlimited theamount of fines and charges too much punishment system; application ofthe fine penalty, the result is not ideal, and so on. These issues willlimit the play of the fine penalty features, and expansion of the fine penalty for the purpose of legislation will be difficult to achieve.Fine of China applicable to the above problems, it is necessary toconduct in-depth discussion of these issues, in order to improvelegislation and to improve the administration of justice, thistraditional system of penalties to play a greater role in building aharmonious society. Fine penalty application of research, there are a lotof articles (the author by retrieving fine penalty applicable to "the keywords in Chinese academic journals online collection of1979to2012onthe fine penalty for more than90papers.), also gained extensive researchstudies and empirical research such as Dr. Wang Qiong "fine penalty". Theauthor found that many scholars only for a fine penalty for research, thereis no system to explore. This paper aims to combine the existing researchresults and in the light of previous research, a systematic expositionfine penalty for the main aspects (scope, manner, amount, effect) of thecurrent legislation, fine penalty for deficiencies in the administrationof justice. and the corresponding countermeasures and suggestions inorder to benefit the institution building of the fine of China.Overview of the concepts and characteristics of the first chapter ofthe fine penalty, species, historical origins, functions, fine penaltyin the penal system status, pointed out that the fine penalty is the Courtaccording to law and is responsible for the implementation of the offenderto pay a certain amount of money to the state property, criminal, finepenalty unique deprivation, deterrence, probation, educational function,and fine penalty should be increased to the main sentence, but can andapplicable.The second chapter of the scope of application of the fine of Chinadescribed and analyzed, and how to expand the scope of application of thefine of China put forward specific proposals: for crimes against nationalsecurity, the crime of dereliction of duty and military personnel Violation of Duty to configure fine penalty; some minor criminalnegligence configuration fine penalty; Uniform provisions concerning thenatural persons responsible for crimes committed by units shall beconfigured fine penalty.Chapter III of the applicable fine of China carried out a detaileddescription and analysis, pointed out that some unreasonable legislationthat, and how to improve the applicable fine of China put forward specificproposals: criminal legislation should be the legislative election of afine based "mode instead of" and a fine-based "legislation; compositepenalty system" should not be excessive use of; configure the selectionof subjects fines, fine penalty in all sentences before.Fourth chapter of the applicable amount of the fine of Chinalegislative a more detailed description, pointing out that the principlesestablished by the applicable amount and improve the legislativeprovisions of the applicable amount of some specific suggestions: theabolition of the quota-free fine system; reasonable for times; tointroduce the system of daily amount of a fine than the fine system.Status and causes of Chapter V of the effect of application of thefine of China were described and analyzed, and how to improve theapplication effect of the fine penalty to put forward some concreteproposals: an additional fine of criminal probation system; additionalfine commuted to free criminal system; additional fine penalty executionprescription system; to improve the implementation and supervision of thefine penalty.