Fine Punishment Legislation Configuration Problem Research

In 1979 only 20 clauses in "criminal law" the fine punishment,and mainly applies to the disruption of the socialist economic order and disrupt social management order in chapter two of the charges.During the enforcement of criminal law in 1979,the standing committee of the National People's Congress enacted the 14 of 61 kinds of single line a total of 58 provisions of criminal law crime fine punishment,greatly widen scope of application of fine punishment,way diversification,and adopted and branch system in the "will and family".Crime stipulated in the specific provisions of the "criminal law" in 1997 a total of 414,which sets the fine punishment of the crime in 164,focus is suitable for the disruption of the socialist economic order and disrupt social management order crime,the fine punishment applicable to a wide scale economic crime and to,in order to seek the love of money for the purpose of the crime.In 1997,after the enforcement of criminal law with the correction of criminal law,an expansion of the scope of application of fine punishment.Especially the "criminal law amendment(9)on the application of the fine punishment is preferred.Our country fine punishment legislation configuration problems are: one is the fine punishment scope too narrow.Mainly applies to the property and economic crime,and other fine punishment of crime for less.Second,the fine punishment applicable way too rigid.Most Settings pecuniary penalty charges is given priority to with will and family,killed the fine punishment for the advantages of flexible.The third is relatively rough fine punishment principle provisions shall be applicable.Mainly in the circumstances of the crime to determine the fine amount,lack of perfect legal basis of application of fine punishment at the discretion of the judge have bigger.Fourth,the provisions of the amount of the fine lack of operability.The reason will appear the cause,not only because lawmakers insufficient understanding of the value of the fine punishment,fine punishment legislation and the principal punishments not harmonious,and configuration of fine punishment mechanism is not scientific,but also because to carry on the principle of legally prescribed punishment for a poor.Compared with China,foreign fine punishment is suitable for almost all of the crime,but also permitted the fine system,the application of the fine punishment method is more flexible.Reference to foreign legislation experience,based on the reality of effective Chile crime in our country,our country should further expand the scope of application of fine punishment,not only to increase fines for units directly responsible executives and punishment configuration,increase the fine punishment punishment of criminal negligence,and should establish "is given priority to with course selection system,and is complementary" applicable way to fine punishment,appropriate to expand only branch penalty system,choose a fine figure of the rules specified in the general principle,should be abolished at the same time unlimited fine system,expand the applicable limitation fines system,reasonably apply times than the fine system;In addition,should also be introduced,penalty system,to establish pecuniary penalty permitted limitation system and fine system of freedom penalty.