Research On The Amount Of Fine Penalty

The fine amount which plays a role of great importance in helping the fine penalty work well is a critical element of fine penalty. With the evolution of legislation, the range of application of fine penalty has been gradually extended, and there is a gradual improvement in legislation of fine amount. However, influenced by traditional ideas and restricted by historical conditions, the legislation of fine amount in our country is hardly a perfect fit. The scientific and reasonable legislation must meet the following fundamental principles:the relative definition of fine amount, balance between crime and fine, relative equality of fine, the principal of compatibility, adaption to the level of economic and social development, and diversification of forms. The legislations for fine amount are fairly perfect in some other countries and areas. Realizing the differences between the crimes concerning natural persons and corporations, a number of countries impose fine penalty on the natural persons different from the corporations in fine amount. With regard to the legislative mode, there are mainly six modes for personal crimes, for example, definite fine, and day fine and so on; for corporate crimes, there are mainly two modes:the mode of United States federal sentencing guidelines, and several-fold number of fine on personal crimes in France. As far as discretionary foundations, now two types are the practice adopted in many countries worldwide. One is double principles which include criminal circumstances and economic condition of the criminals; the other is single principle which is related to criminal circumstances or economic condition of the criminals. Compared with foreign legislations of fine, our country’s similar laws have many disadvantages, with the legislative modes or discretionary foundations not fitting reality, such as excessive amount of indefinite fine, crude design of definite fine, too general legislation of corporate fine. To improve the legislation of fine mount, we should take our country’s realities into account. Particularly, we should gradually minimize the use of indefinite fine; coordinate the relations of definite fine and free penalty; lay down corporate fine which is of several-fold fine amount on personal crimes; adopt the double discretionary foundations; take criminal policies into consideration; scientifically divide the extent of punishment in the range of the amount of fine penalty.