The Research Of The Fine Penalty Reduction System

With the development of society and the progress of human civilization, humanright is increasingly emphasized. Accompanied by defects of the penal system hasbecome increasingly prominent. According to present Criminal Law, the system ofpenalty reduction can be applied to public surveillance, detention, fixed-termimprisonment and life imprisonment, but whether it can be applied or not causessparkly debate. The fine punishment reduction system is not a negation for effectivejudgments of fine punishment, but is a penalty for the implement of the system thatthe judiciary reduce amount of fine according to criminals’ performance during theexecution process of fine punishment. Although the fine punishment reduction systemis not stipulated in our current Criminal Law, it has a host of advantages due to thesynthesis of fine punishment and penalty reduction system, which is inevitablebeneficial to criminals and society as an implement system of penalty. The paper isdivided into four parts:Part one: the legal status of the fine punishment reduction system. To begin with,the text defines the fine punishment reduction system and summarizes the status quoof administration of justice. After that, it states related theoretical discussionsassociated with whether fine punishment can apply penalty reduction, which includeattitudes and reasons of the approvers and discommenders for it, at the same time, itprovides the opinions and understanding of the author for these statements. Basing oncomparative research and analysis, the author selects the former.Part two: the basis of the fine punishment reduction system. As we all aware thatthe establishments of any implement system of penalty should treat the object ofpenalty as their starting point and destination. In this part, the author proves that thefine punishment reduction system is consistent with the object of penalty from theperspectives of object and individualization of penalty. Moreover, presenting thesystem’s basis of criminal policy, that is the policy of temper justice with mercy that regards order, justice and efficiency as its value goals. To conclude, the new system issupported by this kind of criminal policy in our country.Part three: positive significance of the fine punishment reduction system. In thissection, the paper states the system’s profound effects from five aspects, whichinclude it is beneficial to sustain the substantive justice of penalty, motive criminals torehabilitate positively and maintain the stability of social order, and implement thedoctrine of bearing responsibility.At the same time, its establishment is consistentwith the setup of penalty reduction system, the economic principal of execution andthe doctrine of bearing responsibility.Part four: the establishment of the fine punishment reduction system. Firstly, thepaper put forward the conditions of application of the system, which includeprerequisite and substantive conditions. Secondly, it presents the initial time, thescope, interval time and limitation of fine punishment reduction regardless ofsupplementary or independent application of fine punishment. Eventually, the textdiscusses two special problems related fine punishment reduction, which include thereduction of fine punishment of the criminals who are sentenced to postpone death,juveniles and the elderly individuals.