The Execution Of Fine Punishment Difficult Problem Research

With the development of global economy and the international trend of the anamnesis of severe punishment,fine punishment,more and more get the attention of the national criminal legislation and the judicial scope also more and more widely.Fine punishment,however,also appeared many problems in the application of the,especially of the fine punishment is difficult problem.This is not only the challenges faced by the criminal justice in our country,but also become the troubled countries of the world criminal legislation a universal problem of justice.Fine punishment shall be executed by the people's court of first instance,the execution of fine punishment means has a lump sum or in installments;Forced to pay;Fine and fines reduction,etc.Comply with the world development trend of China's criminal law,establish the criminal policy of tempering justice with mercy,the fine punishment in the judicial practice of our country is becoming more and more attention.However,at the same time,fine punishment,the difficulty of execution is also increasingly prominent,a large part of the fine punishment decision become a dead letter,serious damage to the authority of the law,violated the principle of corresponding to the offense,weaken the prevention function of punishment,therefore,solve the problem of fine punishment enforcement difficulty is imminent.The cause of the fine punishment enforcement difficulty is very complex,is caused by multiple factors together,mainly has the following reasons:imperfect legislation,vague on many key issues,the lack of maneuverability,law part of the law too rigid,excessive and limit the discretion of the judge,but also the lack of refused to pay the fine punishment of criminals and their families,The lack of a reasonable institutional guarantee,such as lack of pre-trial property investigation system,property preservation system,fine punishment,probation system aging,fine punishment execution system and permitted system etc.Long distance exists in the implementation system execution cooperation degree is low,the criminals and their family members do not cooperate,even obstruct execution,and so on and so forth;Lack of supervision and execution process,the court did not attach enough importance to fine punishment execution work,etc.;In addition to the person subjected to execution lack of ability to pay,staff of a large number of flow leads to perform work fine punishment enforcement difficulty "wanted"is also the objective reasons.Currently,the construction of criminal justice in our country,in the period of transition from traditional to modern system of legal norms construction should be based on the traditional culture of our country and qualitative quantitative crime cognitive system.In today's increasing exchanges with the world legal culture,contrapose the correct cognition and the former Soviet union differences in criminal law and criminal law in our country,is an important task of the current criminal law norm studies.The construction of crime and penalty system should not be neglected in the established norm of environment consciousness and the social control system,more will not happen overnight.How both inside and outside the domain of legal discrimination on the basis of legal transplantation and specification for reference,it is indispensable in the process of construction of our country criminal law the compulsory courses.Otherwise,our country enacted law standard is difficult to and corresponds to the legal system in our country.Based on court,pecuniary penalty execution work reality,on the basis of pay attention to the investigation and study,the fine punishment execution paper the problems and their causes,and puts forward a preliminary solution to the problem.The full text is divided into three parts.The main problem in the first part:the fine punishment execution.This part mainly through empirical study,to explore the current court fine punishment enforcement difficulty problem lay the foundation.In the implementation of the fine punishment includes both the court's own problems,also includes the collaboration between the judicial organs,including the person subjected to execution also cause problems and the social environment,etc.The second part:the execution of fine punishment.Against the main problems existing in the fine punishment execution court,combined with the fine punishment execution of the judicial practice,this article from the aspects of thought and culture in our country,legislation,judicial level such as multi-angle deep analysis the reasons of the existence of the executive power;The third part:fine punishment execution difficult solution countermeasures.In reference to the fine punishment execution problem,on the basis of research results,this paper puts forward to fundamentally solve the problem of our country fine punishment enforcement difficulty,can be divided into local relief,national relief,a fundamental solution to three steps.