Research On Some Problem Of Fine Penalty Application

Fine punishment is the punishment to adapt to modern trends and the mitigation of punishment center stage. Any kind of punishment is likely to have the best effect for all of the crime, so both in the west and the east, ancient or modern there are different punishment. Different cases of the damage to society, even if is the same case also exist in different social consequences. The complexity of the criminal phenomenon requires the diversity of punishment. Fine punishment in the unit crime punishment, criminal negligence, greed, sex crime and produce the best results in the minor criminal offences. Unit because they don’t have a natural person personal attributes, body, freedom penalty, of course is not applicable, at the same time, the majority of the unit crime and corruption, sex crimes, are taken for "profit" crime, back in the same nature of the property punishment is also understandable. Criminal negligence and the minor criminal subjective malignant small, because social transformation possibility is stronger, the social harmfulness is not big, suitable for fine punishment matched its crime, is also the performance of the criminal policy of tempering justice with mercy. But with so many advantages of fine punishment has more problems in their application, this article obtains from the judicial practice, explore the fine punishment applicable, then analyzes the dilemma and puts forward legislative Suggestions, trying to improve the current situation.Besides preface and epilogue, this article can be divided into three main parts.The first chapter through eight pieces of fine punishment judgment, put forward the same crime should, at the same time penalty what is the theoretical basis and standard of, fine punishment amount differences in how to deal with, as well as the fine punishment should keep certain proportion problems with principal punishments. One of "the circumstances of the crime" in criminal law article 52, specific to explore what factors contained in the circumstances of the crime in the fine punishment. Analysis of fine punishment of criminal property status should not be the first consideration factors, but in a secondary, supplementary position. Think in the fine punishment should pay more attention to the balance of the punishment, as for the amount of money paid by hearing procedure to reduce, the effect of the economy to adapt to the criminal. For the amount of the fine punishment difference is objective existence, but it doesn’t necessarily match and the level of economic development, some local economic development level compared to the other place, but high in the amount of the fine. Through the establishment of guiding cases to achieve the balance and stability. Behind the narration fine punishment and the principal punishments relations, mainly discussed the coordination, fine punishment and the principal punishments crimes so as to achieve a balanced question. Now many scholars advocate will fine punishment is also discussed rise for the cause of the principal punishments.The second chapter is the plight of our country fine punishment to apply. First examines the fine punishment applies throughout the world, it is concluded that in the concrete used in the fine punishment and fine punishment got unprecedented development, many countries’ criminal law gives its important position and is widely used in the judicial practice. More specific concerns our country fine punishment legislation in the distribution of:(1) the fine punishment mainly exists in the nature of the crime and chapters, illustrates the main blow is our country fine punishment and at the same time of sex crimes.(2) the characteristics of the fine punishment mainly configuration in the misdemeanor is not obvious, is not conducive to fine punishment against the misdemeanor.(3) from the subjective aspect, mainly is suitable for the intentional crime, criminal negligence fine punishment allocation proportion is low. It is these reasons caused the highly concentrated in the fine fine punishment in our country, judicial application under the plight of interference and good economic conditions for criminal, not to pay; In view of the poor economic conditions, permitted to mistake of freedom penalty.The third chapter is mainly aimed at our country fine punishment applicable problem and put forward legislative Suggestions. First according to our country fine punishment in the criminal law provisions, determine the certain amount of the fine, is based on the circumstances of the crime and the criminal law article 53 just after modification of criminal law amendment(nine) specific provision to pay a fine, the period specified in the judgment can be paid in a lump sum or in installments, and determines the fine fine, deferred pay, reduced or remitted according to the circumstances. But from the current situation of criminal law, one is more is given priority to with unlimited fine, cap and chaos times than fine, the second is the application of the fine punishment way is given priority to with and division, composite system and course selection system as supplement. The result is that implementation difficulties, some economic difficulties, the sinner to pay the fine, the consequences may be confessed attitude is not good, may face punishment. In the face of all these circumstances, change the present legislation is a necessary way. Back will be fine punishment legislation first an overview of the configuration principle, mainly pay attention to clarity in the process of legislation principles, the principle of proportionality and the principle of fairness. On the basis of the cancellation will be families, and set up is given priority to with course selection system of fine punishment applicable mode; Abandon the unlimited fine punishment; For all criminal negligence with fine punishment. To appeal to the fine punishment legislation on the modification, is based on the above discussion. The relevant applicable problem in judicial practice, because it is a criminal law definitely prescribes that other methods can not effectively change the status quo. In addition to the practice of fine punishment to a principal punishments involved too much punishment, so don’t agree with modify now. If can do the following changes in criminal law, I think can largely alleviate the problem of fine punishment on the applicable.