A Study On The Fine Penalty Execution Of Criminal Serving Sentence

Along with the development of the penalty mitigation in our country, short-term free sentence in the execution process gradually reveals its drawbacks. Corresponding to this is that the criminal fine penalty is more and more widely applicable nowadays. However, the drawbacks of the fine penalty become more and more obvious, such as the incompletion of the execution system, the difficulty in execution, and the lack of fairness. Especially, it is a common case in which so many serving criminals refuse to pay the fine that it leads to the low efficiency of execution, which seriously damages the authority of the law, and challenges the court prestige and judicial justice. Based on the currently actual situation of the fine penalty execution on serving criminals, and through deep investigation, this paper discusses the problems and causes in the fine penalty execution process, and it also puts forward some solutions to these problems.This investigation comprises three parts. The first part is about the general situation of the fine penalty execution. Firstly, it briefly introduces the harm of ineffective fine penalty execution; secondly, it analyzes the difficult situation of fine penalty execution from two perspectives including the situation all around our country and in the prisons. The second parts makes an emphasis on analyzing the causes of the difficulties in fine penalty execution, involving the cause of social aspect and the shortcomings of related system design. The third part deals with the study of the fine penalty execution. In order to solve the difficult problems of fine penalty execution, it first discusses the methods to improve operational mechanisms of fine penalty; then it discusses the prompting roles that daily fine penalty systemand fine-exchange penalty system play in the fine penalty execution process in prison.This paper argues that there are two main subject and object reasons for the difficulties in executing fine penalty, respectively they are the serving criminals’ unwillingness to pay, and their inability to pay. According to the serving criminals actual situation, this paper draws a conclusion that, the serving criminals’ basic income from their labor reform can be used as the base for the daily fine penalty payment. Also according to this, convert the amount of fine to free penalty days, shifting the unwilling or unable fine penalty into free penalty, to ensure the realization of fine penalty purpose.