Research On The Perfection Of Fine Penalty

The current Chinese criminal law, which has experienced8times revisions, origins from the1979’s version. It puts more clear emphasis on the fine penalty and expands the its applying scope. All of these changes show the structural adjustments of criminal penalty and also represent the new theoretical achievements in criminal law studies. Compared to the1979criminal law, in which no more than20articles refer to the fine penalty, with a proportion of19.4%, the newly revised version includes nearly200articles stipulating the fine penalty, reaching a44%proportion. Moreover the1979’s version lacks a explicit stipulation of unit criminal and the new law has filled in this blank. The relevant articles also take over a relevantly high percentage compared to the other countries. Although we have made obvious progress in this field, there also exists some shortcomings, such as, the applying scope of fine penalty is narrow, the articles’coordination is not well, the handling way and the amount of fine need to be more rational and more perfect. Therefore the law experts lead deep studies on all these subjects and put forward revaluations either positive or negative. This thesis, under this scholastic environment, studying more scientific methods to perfect the fine penalty stipulations and apply this penalty, intents to put forward some constructive recommendations on improve the legislation in fine penalty.The purpose of fine penalty is through depriving a certain amount of ownership, creating a sanction result and strengthening the obeying-law consciousness, then achieving the goal of guarding and prohibiting the criminal behavior. This is the basic function of fine penalty. Fine penalty belongs to accessory punishment in Chinese criminal law, which has a wide link with other penalties, thus composes an important part in criminal penalty system.Bozhou Anhui Province to Qiaocheng District people’s court data:in2011, a total of which761criminal cases,Among them71%cases were sentenced to fines, total amount amounts to1120000yuan, while the actual collection amount only total penalty amount of8.2%. The application of pecuniary penalty is wide, but the implementation rate is serious on the low side, what the problem is? Prior to the execution of fine penalty difficult situation has not been effectively improved, not only because the implementation of the system is not perfect. Therefore, unable to perform difficult to correct excessive focus on implementation level. This paper attempts to look to expand to the fine punishment mechanism, on the implementation of difficult issues in-depth analysis, and unifies our country’s judicial practice, and reference to the advanced experience of foreign countries, found the problem essence, put forward to perfect our country penalty legislative and judicial suggestions.In twenty-first Century, the fine penalty by more and more countries have been widely used, in the penal system plays an important role. Now, the fine penalty and punishment against freedom parallel comprising most of the country penalty structure in the center of. The legislative and judicial departments attach great importance to the fine punishment, penalty reprieve to play a more important role in the process of. For our country, to the fine penalty should also be more in-depth research and system. The legislation of our country community in fine punishment is a blank all the time, in the judicial practice there are many problems need to be discussed and accumulate experience.The practice research to focus on investigation and analysis of the case, the author in and judicial present situation, as well as perfect and reform path.This paper attempts to contrast the fine penalty theory, understand our country to the fine penalty regulations, in-depth analysis of the problems existing in the use of fine penalty, and attempts to put forward countermeasures in legislation and in the judicial field. In this guidance, this paper discusses the implementation of criminal fine strength problem, judicial applicability problem, put forward the suggestion of legislative and judicial departments.