The Study Of Fine Penalty Execution Difficulty's Causes And Solutions

The fine penalty has been as a synonym for tendency of light criminal punishment in the world today.From the revision of the ?criminal law amendment(8)?to the ?criminal law amendment(9)?in 2015, two revisions change and perfect the provisions of fine penalty a lot.Fine penalty which in the legislative, judicial and the execution is exposed many problems,can not adapt to the changing requirements.Amongthe numerous problems, problem to be solved in our country now is the difficulty of enforcement of fine penalty.In some western countries,the enforcement of fine penalty has also become a serious problem,it has become a world's problem.In the domestic academic circles,to the study of the difficulty of enforcement of fine penalty problemin the past, the vast majority of scholars have put forward many theories and measures, but still failed to solve it.For this reason, this paper which is on the basis of the existing theories, uses researchdatas as a strong support,from the application and the enforcement of fine penalty, explores the configuration of the fine penalty theory foundation, and aims at our country lack of the fine penalty legislationconfiguration, judicial discretion and execution system, puts forward the solution to the fine punishment enforcement difficulty.The full paper which is more than thirty thousand words, is divided into four parts, respectively for the present situation of our country's execution of fine penalty, the causes of the enforcement difficulty,the introduction and analysis of domestic and foreign solutions,and finally puts forward the path to the solution of the fine penalty enforcement difficulty to discuss.The first part is the present situation of the fine penalty execution research. This part is to choose C city Y intermediate people's court and C city Ydistrict people's court in the west area of China as the research object, application and execution of present fine penalty to be searched out.Through the targeted analysis,we found C city Y intermediate people's court and C city Ydistrict people's court's which the fine penalty applicable rate is high, implementation rate is low.The application of the fine penalty and execution, out of all proportion, the difficulty of execution is very outstanding.The second part is analyzing the cause of the fine punishment enforcement difficulty.This part from four aspects analyzes the causes of formation of our country fine penalty enforcement difficulty, respectively is:unreasonable legislative configuration?non-standard judicial discretion ?no specific implementation rules and the unpayment of the criminals.Through the detailed and comprehensive analysis, in order to put forward theoretical basis for the targeted countermeasures of fine penalty execution difficulty problem.The third part is to address the fine penalty enforcement difficulty examination of inside and outside the domain of measures. This part in domestic and outside measures two aspects is discussed. At present, our country fine penalty execution difficult problems mainly through the way of "Advance Payment of Fine" to solve. Scholars also on the nature of such measures carried out to investigate, but "Advance Payment of Fine" is obviously unjustified. If don't stop or try to improve it, continue to use will do more harm than good. Outside, the main way to solve this problem is through three systems.Through the introduction of the basic concepts of three kinds of systems, analyzes their advantages and disadvantages, in order that our country's fine penalty can be used for reference and executive measures of reform.The fourth part is the solution to the fine penalty execution difficulty. First of all,this part is from perfecting the configurationof fine penalty legislation, to appropriate the adjustment way and improve the amount of provisions,in order to reduce the amount of fine penalty which cannot be performed because of the amount is too high. Second, the judicial discretion should be regulated,the penalty applicable rules should be establishedas well as the regulation of the amount of fine penalty discretion should be improved. Again, from the applicable conditions and procedures of thefine penalty payment, the setting of the executing agency, the enforcement procedure and guarantee mechanism in the four aspects to clarify fine penalty execution rules. Finally, to make flexible measures if the fine penalty isn't payed, introducing a fine penalty of probation system and the exchanged fine penalty system to solve the problem.Fine penalty execution is completely preformed which counted as accomplishing its own mission,otherwise it will become a dead letter.Four parts in this paper, in order to alleviate the phenomenon of fine penalty enforcement difficulty.