The Research Of Problem About Replacing To Pay The Fine

With the development of the venial penalty of fine penalty, more and more attention. But in the judicial practice, part of the fine punishment cases termination of execution is dependent on the third payment. Pay the fine essence is to bear the criminal responsibility, this approach runs counter to the punishment of specialization and the principle of culpability requirement, hampering the realization of fine penalty value, and deviates from the spirit of modern criminal law. Pay the penalty problem is how to produce and how to regulate, is an important issue in the circles of criminal law have to face. The thesis consists of four parts:The first part "investigation" status and remitted to pay the fine, is fine and summarized in the form of legislation and justice. Among them, in the legislation, "criminal law" provisions of article fifty-third of the payment of fines can not clear, but the judicial interpretation on this issue has gone through the process from positive to negative, but explicitly allows parents to withhold the underage criminal fine; in the administration of justice, and remit fines exhibits universal features and diversity, etc. and the effects of penalty execution. Through analyzing the present situation and remit fines for after investigation, literature analysis and ready to pave the way for.The second part "pay the penalty problem analysis" is a systematic analysis on the problems exist in the theory of criminal law and remit fines. First, pay the fines have the purpose of legislation against the fine punishment. Fine penalty establishment lawmakers the purpose of punishment and prevention, but pay the fine makes the person subjected to execution I avoid it shall be subjected to punishment, but also difficult to achieve the purpose of crime prevention. Secondly, pay the fines have violate the principle of legality, the principle of suiting punishment to crime and the criminal law the principle of equality. Finally, from the basic value of criminal law should achieve, and remit fines violated the criminal law of the value of order and justice and freedom value.The third part "pay the penalty problem ask", is why pay fines will make analysis of judicial practice and criminal law theories produce opposite so sharp, and root out the deeper reason behind. First, pay the penalty is actually to bear the criminal responsibility, which is the basic reason to withhold the fines can appear above many criminal law theory problem. Secondly, pay the fine roots in the prevailing difficult problem in carrying out fine. In addition, legislation and judicial application of improper improper allocation is an important reason leading to practice department have to accept payment of fines.The fourth part "pay the penalty of problem solving", is put forward to perfect the countermeasure from two aspects of legislation, judicature, to avoid paying the fine, so as to maximize the value of penalty. Among them, in the legislation, reform the current relevant system, innovation of fine punishment legislation; in the judicial, play through judicial activism ideas, abolish loan retention system and improve the coordination mechanism and other measures to ensure the implementation of fine punishment, can be implemented effectively in the premise of legal and rational.