Study On The Value Orientation Of Fine Penalty Legislation

The reform of our social and economic system and the changes of the criminal nature of the size, number, for the fine penalty to provide a broad social practice conditions. the objective is also to improve the fine penalty applicable requirements. Using different kinds of punishment reflects the value orientation of legislators. And will affect the practical effects of punishment on the objective.Through comparative literature research methods and analysis of China’s fine penalty will make a wide range of applicable criminal penalty,whichexposes the legislation heavy, widespread and empty judicial judgments Problem.The article is divided into fiveparts:PartI: mainly elaborates the significance and value of the fine penalty and the historical change. Analyzing the Chinese and foreign criminal fine historical development and the pros and cons.It refers to criminal penalties profound background in gold applicable change in each period,which has social and historical and cultural development and practical needs.We should rationally analyze and compare and can?t blindly out of our country or applicable to the large number of foreign Fine Penalty and that our country must also improve fine penalty applicable rate.Part II: The main problems in the development of Fine Penalty and existing legislation.Behind the sharp increasing. It highlights the shortcomings of the fine penalty legislation:based unlimited fine,Felony applicable penalty than misdemeanors applicable,the application of penalties for property crime is not complete.Whichcauses of Fine Penalty not fully play an effective penalty function.Part III: The reflect on the value orientation Fine Penalty legislation. On the one hand,based on China’s traditional culture, the lack of non-custodial criminal penalties Views,and status social contradictions of the transition period intensified;on the other hand,since the theoretical study failed to reveal the full penalty for criminal penalties Valuetothe pursuit of Fine Penalty of crime prevention function.Part IV: Our Fine Penalty legislation is Value fine attention to criminal penalties,change the concept of heavy punishment.The main basis of the legislation of the fine penalty is the punishment idea instead of the crime prevention.The utilitarian view should be restricted by the penalty retribution view,to prevent the imbalance between crime and punishment.Part V: Our fine penalty should be set considering the necessity and punishment,we need change the form of the fine penalty, and improve the application of fine penalty and clear the scope of application of fine penalty.