The Study On The Current Situation And Perfection Of Chinese Fine Penalty System

In recent years,the application rate of fine penalty in our country has been gradually improved,but there are still many problems in the system construction.The call for reform is also high in the academic and practical circles.In this paper,the fine penalty system is taken as the object of study.The status,scope,mode,amount,discretionary basis,implementation effect and other aspects of the existing problems,and then put forward suggestions to improve the fine penalty system to build a criminal judge meager power.This article is divided into three parts.The first part introduces the concept,characteristics and function of fine penalty,and it is the prerequisite to study the system of fine penalty.For example,in the many functions of the fine penalty,I believe that the primary function is to punish,rather than deterrence,which determines the perfect proposal in the third chapter,I insist that in the misdemeanor in the general allocation of fines to achieve fine Counterfeiting the role of misdemeanor,while reducing the main manifestation of the role of deterrence and the application of the way.The second part is the status quo of the fine penalty system in our country,including the fine penalty in the status of additional penalty,which affects the value of its play and the effect;the scope of application,in the misdemeanor and negligent crime in the lower proportion,resulting in its anti-The role of negligent crime is not obvious;the application of the way,and the penalty system to occupy a larger proportion of the penalty penalty more to the main punishment of life or the right to appear in the attachment of the right;applicable amount,the unlimited penalty system occupies a higher This is not only consistent with the principle of the principle of legality,but also because the referee arbitrarily strong,but also contrary to the principle of fairness;discretion basis,the existing criminal law does not take into account the objective economic conditions of the offender,it is difficult to achieve personalized sentencing;Effect,because the implementation of the main body is notclear.The implementation of the procedure is not standardized,the implementation of fine penalty in China is very low rate.The last part is the perfection of the fine penalty system in the country.We should establish a line of punishment in line with the development trend of the world penalty and the value orientation,from a rational,transcendent perspective of the objective behavior of criminal behavior,abandon the universal concept of punishment.Legal status,it is recommended to raise the penalty for the principal punishment;scope of application,to improve the fine penalty in the application of the proportion of misdemeanors,and criminals are set off a fine penalty,the state to save regulatory costs,between the prisoners to avoid cross-infection,Which is consistent with the principle of the principle of punishment and punishment,reflects the people-oriented concept of the country,but also the objective requirements of the continuous development of the market economy;the application of the way,the abolition of the compound penalty system,compound fine penalty seems flexible,but the operation is very small,The To reduce the penalty system,and although the law in the scope of the application of the fine penalty,has played a positive role,but also lead to a fine penalty will become a mandatory option,even if the criminals simply unable to pay a fine,the judge can only judge and fine.To the statutory penalty of three years imprisonment free of charge allocation of electoral penalty,to achieve the purpose of misdemeanor frivolous.The amount of the application,on the one hand to abolish the unlimited fines,unlimited fines do not violate the principle of the crime of punishment,and the spirit of the times do not match.On the other hand you can try to introduce the amount of fines,fine penalty sentenced not only will be more fit the extent of the condemnation of the crime,the actual implementation of the rate will also be greatly improved.Discretionary basis,the judge to determine the amount of fines,the full consideration of the criminals of the property situation,making the intensity of the penalty penalty can bear the strength of the perpetrators.The implementation of the effect,the establishment of fine prison sentence,making the penalty system is more abundant,strengthen the implementation mechanism,to give the supervision committee to supervise the implementation of the function of fine punishment.