Study Of The Difficulty Of Fine

Fine punishment is a kind of supplementary punishment which the people’s court makes criminal verdict, and orders the criminals to paypart of the money to the state as a punishment.The application of the fine punishment can not only deprive criminals of money, reduce their economic conditions, but also punish the criminals, educate them, prevent them reoffending. Fine punishment is a penalty method which criminal law forces the criminals to pay a certain amount of money to the state against corruption, crime, unit crime, minor criminal crime and other particular kinds.With the development of modern criminal law more playful and scientific, fine punishment in the penal system began to break through in the position, its applicable scope expands unceasingly, applying rate is becoming higher and higher. Penalty applies higher in destruction of the socialist market economic order, offenses against property and against social management order crime, but also in the intentional crime than applicable in the proportion of criminal negligence. Fine punishment shall be executed by the people’s court of first instance, the execution of fine punishment means having a lump sum or in installments; forcing to pay; fine and fines reduction, etc.Complying with the world development trend, China’s criminal law has established the criminal policy of tempering justice with mercy, and the fine punishment in the judicial practice of our country is becoming more and more attentive. However, at the same time, the difficulty of the execution of fine punishment is also increasingly prominent, with a large part of the fine punishment decision becoming a dead letter, seriously damaging the authority of the law, violating the principle of corresponding to the offense, weakening the prevention function of punishment. Therefore, solving the problem of fine punishment enforcement difficulty is imminent. The cause of the fine punishment enforcement difficulty is very complex and is caused by multiple factors together, which mainly has the following reasons: imperfect legislation, vague on many key issues, the lack of maneuverability, part of the law too rigid, excessive limitation of the discretion of the judge, but also the lack of refusing to pay the fine punishment of criminals and their families, the lack of a reasonable institutional guarantee, such as lack ofpre-trial property investigation system, property preservation system, fine punishment execution limitation system and permitted system etc. In the presence of the execution system with the degree of implementation of the low places, criminals and their families do not cooperate, or even obstruct execution; and lack of supervision during execution, the court having not enough emphasis on the implementation of penalty and other issues; the lack of ability to pay in addition to the debtor, a large movement of people leading tothe implementation of "tracing difficulty” is also the objective reason.To correctly apply the fine punishment in the judicial practice, fully apply the purpose and value of criminal penalties, we should draw lessons from foreign advanced legislative cases on the basis of perfecting legislation, expand the scope of\"may be concurrently fined; enlarge the scope of "a fine may concurrently be fined", build system of pre-trial investigation property, fine punishment execution limitation system, build system of fine punishment permitted, fine punishment execution margin system, perfect the relief system of fine punishment, etc. And then improve the execution system, including the establishment of the implementation of the suspension, execution of an interrupt, execution end system, a sound system in commissioned places, improve the preservation of property and property obligations custody system, improve the supervision mechanism to perform criminal fine.