The Legislative Defects And Improvement Of Fine Penalty About The Crime Of Property Violation

Along with the gradual establishment of China’s socialist market economic system,there are more and more material temptations in the social life, the crime of seekingavaricious profits, especially the crime of property violation will present a high incidencetrend. In order to effectively curb this kind of crime, theorists and practitioners havenever stopped the pace of exploring the effective punishment measures. As a kind ofpenalty to deprive the property of criminal, fine penalty has incomparable advantagesover other penalties in the aspect of punishing and preventing crime of property violation,and applying to crime of property violation can not only achieve the effect of "penaltyaccording to the crime", favored by the world, but also conforms to the mitigation trendof the international development of penalty. Therefore, in the1997version of criminallaw and the next few amendments of China we all expanded the scope of application offine penalty, reflected the value of the fine penalty. Expanding the scope of applicationwill inevitably bring the improvement of applicable rates, and will be conducive to therealization of the effect of combating and preventing the crime of property violation,however, the application of the fine penalty in the judicial practice are often met withresistance, and the specific systems are often stretched in application, resulting thepurpose of fine penalty be greatly reduced. In addition to the specific reasons in theprocess of application, find by hard and thorough search it is caused by defects of thelegislation, inherent deficiencies will inevitably bring acquired deformities. The problemspresented in application of fine penalty in judicial practice continuously exposed thedefects and immaturity of legislative of our fine penalty. Therefore, in order to effectivelycurb the growing incidence of the crime about property violation and give full play to thefine penalty’s value and purpose, it is necessary to explore the defects in legislation offine penalty on the basis of analyzing the status quo of the legislation of fine penalty incrime of property violation, and propose legislation suggestions with reference to foreignmature legislative experience of the fine penalty of our country. This article mainlydiscussed the legislation defects and its improvement of fine penalty of the crime ofproperty violation from the four parts: The first part is the detailed introduction of the status quo of domestic fine penaltyof crimes about property violation, including the scope of application of fine penalty inthe crime of property violation, the methods of application, the legislation of fine amount,the basis of amount discretion and execution system, in order to have a comprehensiveand intuitive acquaintance of the status quo of fine penalty in the crime of propertyviolation.The second part, the author made a summary of the issues presented in theapplication of fine penalty of the crime about property violation in the judicial practice,dig out the defects of fine penalty of the crime about property violation in legislation,Including that: some property crimes adopt fine penalty, while some do not adopt finepenalty, this scope of application is lack of reasonable basis; lots of the must be attachedfine penalty make the method of fine penalty application inflexible; unlimited amountfine penalty system make the discretion of fine penalty amount lack of operability, andincrease the randomness of judgment; in addition, the principle of discretion of finepenalty provide rather rough, practical operability is not strong; existing executionsystem of fine penalty can not meet the needs of the executive work, and is difficult towork in the execution of specific work.The third part is mainly the introduction of the mature foreign legislation of finepenalty, in order to provide effective reference for developing and perfecting oflegislation of our fine penalty of crime about property violation.The fourth part, the author puts forward some ideas to perfect our legislation of finepenalty of the crime about property violation on learning from the mature legislativesystem of the relevant state in the third part: in terms of the entire fine penalty system,enhance the penalty status of fine penalty, and rise it to the principal penalty; in terms ofthe scope of application, the fine penalty is necessary to be adopted in other charges ofthe crime of property violation; in terms of the applicable methods, the must beaccompanied fine penalty system should be limited, and the optional fine penalty systemand the might be accompanied fine penalty system should be appropriate expanded; interms of the discretion of the fine amount, the limited amount fine system, the multipleamount fine system and the day fine system should be referenced; in terms of the specificexecution system, it is suggested that to further clarify the executive subject of fine penalty, and to clarify the regulations such as the authorized execution system in otherplaces, the supervision system of fine penalty execution and the property investigationand preservation in the legislation, and based on the situation of our country, the authorput forward some effective security systems of fine penalty execution to exploring, suchas the exchanged penalty system and probation system of fine penalty, and so on, in orderto promote our fine penalty system continuously perfect, and to provide a guarantee forthe effective curb and prevention of the crime of property violation.