The Dilemma And Reflections On The Application Of Criminal Fine

The last century since the60’s, with the rapid development of market economy, the mitigation of penalty idea in the world scope has been promoted. In the structure of penalty, penalty because of the fit of the mitigation of punishment as a historical trend, can embody the concept of development trend of penalty method, in the western developed countries penalty system plays a more and more important role, and thus formed a unique penalty system. Empirical study found that, in recent years, in theory and a variety of elements drive below, Europe and the United States fine suitable rate has been in a higher level. And West high application rate of fine punishment in contrast, very little application of fine penalty in our country. What is it that makes our fine penalty exists in name only, in the application of road suffers dilemma, even a sunset Xishan feeling? The domestic law circle and judicial practice experts continue to explore, in theory, from the nature, function, meaning all aspects of support, in practice, draw lessons from his country, improving legislation, strengthen justice, perfect execution, try to change the penalty situation, help the fine penalty walks out of predicament. Should say, obtained certain result, but we have to admit that results were not expected, a single fine penalty shape if the dummy, and difficulties in the execution of fine penalty decision; a fine penalty execution is the existence of land of different also level shifting responsibility even to pay such a sentence after contrary to legal problems. To this, we from reflection:in western countries for the high rate of fine penalty why difficult in our country’s judicial practice of soil root? In our country suffers dilemma of the penalty should continue to expand the scope? The author tries to point, on:in our present situation, how should the criminal sanction system configured to adapt to national conditions? This article attempts from a new perspective, the world of fine penalty of contrast, explain to China today’s reality and the rule of law pattern, and can not be deduced from our country criminal law field to fine punishment of mass shift tendency. So, if the freedom penalty punishment to delineate the crime domain, while strengthening the judicial supervision of administrative penalty of fine penalty, to the research question of whether the existing research methods a kind of transcendence, but also for the fine punishment way of a kind of beneficial exploration?The author will first of all fines were summarized, then use of empirical research methods, in a variety of ways, respectively, on China’s different regions of different court investigation, current state, analyzes the reasons, and laying the foundation for follow-up questions. Then by comparison and historical investigation method, detailed view of foreign criminal fines can be effectively applied to the specific background, through combing the relevant system development, and current conditions in China contrast analysis. On this basis, using a series of philosophy of law, jurisprudence, criminology, criminal law, sociology and other disciplines of knowledge, from the different angle of view analysis pattern of punishment on crime relations, then to continue to expand the range of application of fine rationalization proposals.