Chinese Fine Problem Analysis And Countermeasures

In the penalty system, pecuniary penalty as a lighter kind of punishment is widelyused to adjust the economic activity. Beginning from the discussion of the history onpecuniary penalty of our country, this paper analyses the application of the pecuniarypenalty in our country, and clarifies the definition and features of the pecuniary penalty.After that, it particularly expounds the special functions and effects of pecuniary penalty,which makes the scope and the manners of application of pecuniary penalty get thehigher expectation. Through sorting out the problems of pecuniary penalty in China,there are three parts are as follows,For legislative field, the limits prescribed by law are narrow, the applied way issimple, and the amount of penalty is high.For judicial field, the lack of judgment principle makes that the judges have greaterdiscretion.For law-enforcement field, the subject of implementation is not clear, and withoutgood teamwork. In addition, its way of implement is single.Based on the discovery and analysis for those problems, the paper tries to solvethose questions. The specific solutions for the above problems of pecuniary penalty forpenalty system in our country includes as follows what time,For legislative field, the limits prescribed by law should be expanded, and theapplied way should become flexible.For judicial application, it should ensure the judgment principle and adopt theday-fine system.For law-enforcement field, it should make sure that the subject of enforcement, andimprove the manners of implementation.For legal supervision field, the procuratorial organs should give full play forsupervision and inspection.Believe that these four aspects are not only where the problems arise, but also thecrux to solve them.