Research On Chinese Criminal Fine Exchanging System Construction

The execution of fine penalty is a difficult problem in the world, in order to guarantee the execution of fine penalty, countries around the world have set up relevant system. Criminal fine exchanging institution is a usual way and also an effective way to guarantee the execution of fine penalty. However there is no appropriate guarantee system in China which causes the enforcement rate is pretty low. In reality, there are some courts, in order to ensure the execution of fine penalty, even appear that taking fine before the trail. Such behavior violates the trail procedure terribly. However there is no other option to guarantee the execution of fine penalty. The expansion of suitable range of the execution of fine penalty may cause the problem even worse, without any solution to intervene, the execution of fine penalty will be more difficult, and thus the authority of punishment will be affected. To solve the problem, China should construct criminal fine exchanging system. First part of this paper introduces the related concept and classification of criminal fine exchanging system. Secondly from the necessity, reasonableness, passivity and practicality to discuss the rightness of fine penalty exchanging to liberty penalty. Finally, proposes fine penalty exchanging liberty penalty system construction, includes several parts which support my opinion in this paper, and come up with some solutions.