Research On The Unlimited Fine System

The unlimited fine system is a kind of penalty system which hasn't provided a definite amount for the fine in China's criminal law. Our Criminal Penalty system is built by the unlimited fine system, the common fine system and the proportionate fine system. On a world scale, few countries have adopted the unlimited fine system, but the appliance rate of it is extremely high in our country, its appliance scope has been expanded in recent years. When analyzing the situation of the unlimited fine system's application in the specific charges, the appliance problems of this system are as follows: First,the judgement of the amount that is made by the unlimited fine system is arbitrary, including imposing a fine in different standards?the amount of fine out of harmony with administrative fine and the sentencing; Second, the judgement of the amount that is made by the unlimited fine system has a tendency to make strict punishments; Third, the choice of the unlimited fine system's applicable way is too absolute. These problems's main reason is that the judges may have misconceptions about the nature of fine determined by the unlimited fine system?the amount of the fine determined by unlimited fine system in different penalty stages in the same crime?the relationship between fine and freedom penalty.Because the unlimited fine system have some obvious flaws, more and more scholars begin to suspect the rationality of the unlimited fine system in the process of the continuous improvement of the criminal legislation in our country,so that the unlimited fine system becomes more and more controversial.Reservation theorists believe that the unlimited fine system can maintain the stability of the criminal law, its strong flexibility and adaptability is helpful to achieve the purpose of the prevention of the re-crime. Abolition theorists argue that the unlimited fine system has violated the criminal law principle. It is not conducive for perpetrators to make a reasonable assessment of their behaviors and be easy to cause the pecuniary penalty execution. In comparison, whether from the angle of legislation or from the perspective of justice, the abolition of the unlimited fine system seems to have more advantages, but the abolition of any systems are not achieved easily, and the abolition of a system needs a more reasonable system to replace, especially in the present stage that the conditions of abolishing the unlimited fine system are not mature enough. Firstly, we should standardize the applies of the unlimited fine system,determining properties of the fine, the relationship between the freedom penalty and the fine, changing the attitude for "single" fine and "double" fine, defining the principles of the unlimited fine system. Secondly, in terms of the remedial measures of the unlimited fine system, it is necessary to formulate the special criminal law to make a integrity rule for the application of the system of unlimited fine standards, and make the detailed rules for some charges in the unlimited fine system in the way of judicial interpretations.Finally, we can consider to establish the monthly fine system, and establish the system of fine exchanging freedom penalty, when the conditions are ripe, the unlimited fine system should be abolished in the penal code system.