A Study On The Legislative Perfection Of Fine Penalty After The Enforcement Of Criminal Law In 1979

With the continuous development of our socialist economy and the continuous progress of the law,the fine penalty pays more and more attention to our criminal disposition.New China's first "criminal law" was promulgated in 1979,after the promulgation of the "criminal law”,the penalty legislation is constantly expanded and perfected in the aspect of application,the applicable mode,the amount of application.In the aspect of application,from the year 1979 to now,the "criminal law" only 23 counts of fines to the existing criminal law has 220 charges for fines,from only in Chapter 3,Chapter 6,Chapter 5 to the fines to the current Criminal law in most of the chapters in addition to Chapter 1,Chapter 9 and Chapter 10;in the application of the law,from the 1979 "Criminal Law" in a single way of application,that is to say "can",to the current criminal law of a single fine system,and a fine system,the election fine system,compound fines and so on.In the applicable amount,from the 1979 "Criminal Law" only the application of an unlimited penalty system to the existing criminal law has been extended to the applicable amount of the system of unlimited fines,times fine,and fine fines.However,there are still many problems in the criminal law of the fine penalty legislation,which is reflected in the aspect of application of fine penalty,the applicable mode and the applicable amount.Such as the scope of application of the fine penalty is not complete,the application of the penalty is in confusion,the amount of fines and the amount of the crime does not match the degree,that is to say,with the crime of different,with minor misdemeanor,felony light distribution.It hampers of the development of fine criminal legislation and is not conducive to the fine penalty's function.Therefore,without violating the purpose of the penalty,under the premise of all the covetous crime and relying on certain financial crimes are applicable to fine,to reduce the misdemeanor,the proportion of the crime of negligence,to a certain extent,to expand the scope of the application of fine;The application of the fine penalty and the type of crime and the combination of the severity of crime,the distinction must be fine system,the system of fine,compound fines and other specific circumstances,such as the punishment of light crime in the crime or relying on a certain financial.The establishment of a reasonable unified uniform ratio of the penalty system of reference coefficient,in order to achieve the amount of fine penalty of scientific rationalization of the amount of fines.In addition to the introduction and conclusions,my thesis can be divided into four major parts,the main contents are as follows:Part one: A legislative analysis of the fine penalty after the promulgation of the 1979 Criminal Law.This part mainly analyzes and dissects the history and current situation of the fine penalty legislation after 1979,so as to a better understanding of the legislation of fine punishment in our country.It is divided into three parts,the first part is the 1979 "Criminal Law" in the criminal penalty legislation analysis,the second is to amend the criminal law in 1997 before the single line of criminal law in the criminal analysis,the last part,in 1997 to amend the criminal law and criminal law amendments Penalty legislation,through the introduction of the above,there will be a better understanding of the development of China's fine penalty legislation.Part two: An analysis of the reasons for the evolution of the fine penalty legislation in our country.This part mainly explores the reasons for the development of the legislation of the fine penalty in our country.The main reasons for its development include three aspects: the change of the social and economic situation,the development of the penalty according to the development of the penalty view.The analysis of the causes of a more in-depth analysis of the root cause of the development of China's fine penalty legislation.Part three: The problems still exists in the legislation of fine punishment in our country.Through the analysis and discussion of the above two parts,the author still discusses the problems which still exist in the current criminal law,which is mainly reflected in the scope of application of fines,the applicable mode and the applicable amount.In the course of the discussion,the specific law to carry out the analysis,more intuitive display of criminal legislation in China's criminal legislation in the existence of the problem.Part four: The perfection of the legislation of the Penalty law in China.Since it is found that the problems in the legislation of the fine penalty are to be solved.Therefore,according to the above three aspects,the author puts forward the perfect suggestions from these three aspects,the applicable scope,applicable amount has been put forward specific suggestions,such as the application of all falsified crimes to fines,the application of different types of offenses in the misdemeanor,the reduction or cancellation of the infinite penalty system.